Elliott v. McGoun

Pee Cueiam,

This appeal raises the question of the sufficiency of an affidavit of defense in an action of assumpsit to recover the proceeds of a life insurance policy. Plaintiff is the beneficiary originally named in the policy and defendant the assignee to whom the proceeds were paid upon the death of the insured. Subsequent to the assignment the assignee paid the premiums as they fell due until the death of the insured. Plaintiff’s motion for judgment for want of a sufficient affidavit of defense rested chiefly upon the ground that there was no insurable interest in the assignee. After…