Legal Opinion

Equitable Life Assurance Society v. Paterson

Supreme Court of Georgia

Decided June 15, 1870PublishedCited by 34 opinions

Insurance. Marriage. Charge of Court, etc. Before Judge Schley. Chatham Superior Court. April, 1870. In August, 1868, Catharine A. Paterson averred that, on the 26th of February, 1867, she caused to be made a policy of insurance by the Equitable Eife Assurance Society of the United States, a corporation, by which, in consideration of the representations made. to said society, in the application for such policy and statements therein made, touching the person and family of…

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Insurance. Marriage. Charge of Court, etc. Before Judge Schley. Chatham Superior Court. April, 1870. In August, 1868, Catharine A. Paterson averred that, on the 26th of February, 1867, she caused to be made a policy of insurance by the Equitable Eife Assurance Society of the United States, a corporation, by which, in consideration of the representations made. to said society, in the application for such policy and statements therein made, touching the person and family of the assured, submitted by the assured, and of $136 30 paid by her to said society, and of the like sum to be paid…

1Opinion of the CourtMcCAY, J.

The law prohibiting the insurance of a life by another, who has no- interest in the continuance of that life, is founded in a sound public policy. It is intended to prevent gaming policies, and to avoid that inducement to crime which would exist if it were permitted : Bunyon on Rife Ins., 10, 15; Rev. Code, sec. 2776. *We do not think, however, the case at the bar comes within the reason of the rule. We cannot, it is true, agree with the Court below, that a marriage, where one of the parties has a lawful husband or wife living, is a legal marriage for all civil purposes, until it is set…

2Cited by34 opinions

  1. Union Fraternal League v. WaltonSupreme Court of Georgia · 1899
  2. Mutual Life Insurance v. WiswellSupreme Court of Kansas · 1896
  3. Clements v. TerrellSupreme Court of Georgia · 1928
  4. Brown v. ParksSupreme Court of Georgia · 1931
  5. Durian v. Central Verein of the Hermann's SœhnneNew York Court of Common Pleas · 1877

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