Townsend's Assignee v. Townsend
Court of Appeals of Kentucky
CASE 25. — ACTION BY R. ,P. TOWNSEND'S ASSIGNEE AGAINST R. P. TOWNSEND' AND OTHERS ON A POLICY OF LIFE' INSURANCE. Appeal from Logan Circuit Court. Geo. S. Hardy, Special Judge.
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CASE 25. — ACTION BY R. ,P. TOWNSEND'S ASSIGNEE AGAINST R. P. TOWNSEND' AND OTHERS ON A POLICY OF LIFE' INSURANCE. Appeal from Logan Circuit Court. Geo. S. Hardy, Special Judge. Prom the judgment plaintiff appeals1 Our contention is that -the cash surrender value of the policy in controversy should be paid, to the appellant trustee to be applied to pay the debts of R. P. Townsend, subject' to the lien of the First National Bank of Nashville, Tenn., for $2,600. Under the provisions of the policy he had the right to the cash surrender value of the policy at the optional period which was payable…
1Dissent
(Hobson, J.,
dissenting.)
In the application for the policy, which was made a part of it, there was this: “To whom is this insurance payable in case of loss? Emma S. Townsend. Relationship to the insured? Wife. To whom is it payable in ease the endowment insurance, if the person insured survives the term, and to whom if the policy be surrendered for a cash, value as herein provided? To myself.” The fundamental error in. the opinion, it seems to me, is, that it fails to recognize that an- option to collect $6,240 is a right to that much money, and therefore property. Few" insurance policies…
2Cases cited20 opinions
- Holden v. StrattonSupreme Court of the United States · 1905
- Hiscock v. MertensSupreme Court of the United States · 1907
- In re McKinneyDistrict Court, S.D. New York · 1883
- Thompson v. CundiffCourt of Appeals of Kentucky · 1875
- Bottom v. FultzCourt of Appeals of Kentucky · 1907
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