Legal Opinion

Marquet v. Aetna Life Ins.

Tennessee Supreme Court

Decided September 15, 1913PublishedCited by 40 opinions

FROM HAMILTON. Appeal from Chancery Court, Hamilton Connty.— T. M. McCoNNEll, Chancellor.

1Opinion of the CourtJustice BuchaNAN

This suit is based upon an insurance contract. The breach relied on is the failure to pay $2,000, the amount of the policy, upon proofs of death of the insured.

The defenses are two: First, that the payee or beneficiary in the policy sued on, at the date of its issuance, had no insurable interest in the life of the insured, and the contract sued on is therefore a wagering one and unenforceable; second, that the proofs *217do not show the death of the insured, and therefore ño breach is shown justifying a recovery. .

There was a decree below for $2,132.50 and costs, from which the insurance company…

2Cases cited15 opinions

  1. Connecticut Mutual Life Insurance v. SchaeferSupreme Court of the United States · 1877
  2. Davie v. BriggsSupreme Court of the United States · 1878
  3. Pacific Mutual Life Insurance v. GalbraithTennessee Supreme Court · 1905
  4. Miller v. Sovereign Camp Woodmen of the WorldWisconsin Supreme Court · 1909
  5. Hitz v. AhlgrenIllinois Supreme Court · 1897

10 more not listed; retrieve them via the Exa API.

3Cited by40 opinions

  1. Bryan v. Aetna Life Ins. Co.Tennessee Supreme Court · 1939
  2. Marshall v. Jackson & Jones Oils, Inc.Court of Appeals of Tennessee · 1999
  3. Southern Motors, Inc. v. MortonCourt of Appeals of Tennessee · 1941
  4. Tennessee Cent. Ry. Co. v. McCowan Et Ux.Court of Appeals of Tennessee · 1945
  5. Finks v. GillumCourt of Appeals of Tennessee · 1954

35 more not listed; retrieve them via the Exa API.

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