Swick v. Home Ins. Co.
U.S. Circuit Court for the District of Eastern Missouri
The defendant issued a policy dated February 11. 1S70, to William Henry for $2.000. insuring liis life. With the consent of the company, the assured. Wm. Henry, by instrument dated March 10. 1S70. assigned this policy to the plaintiff [Elias Swick], Henry died in dune following. The plaintiff sues to recover from the company the amount of the policy.
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The defendant issued a policy dated February 11. 1S70, to William Henry for $2.000. insuring liis life. With the consent of the company, the assured. Wm. Henry, by instrument dated March 10. 1S70. assigned this policy to the plaintiff [Elias Swick], Henry died in dune following. The plaintiff sues to recover from the company the amount of the policy. The defendant denies that the plaintiff is entitled to recover, and makes several specific defences to the action, which are noticed in the charge of the court to the .iury given below.
1Opinion of the Court
DILLON, Circuit Judge.
1. The first de-fence relates to the assignment of the policy and the plaintiff's rights under such assignment. The plaintiff claims that prior to and at the time of the application for file policy, he was a creditor of Henry, and remained such creditor until his death, and that the policy was assigned to him as security for the debt, and for any sums he might afterwards advance to Henry. If upon the evidence you find this to be the case, then the plaintiff can recover on such policy if Henry's executor could have recovered thereon if the policy had not been assigned.…
2Cases cited1 opinion
- Price v. Phœnix Mutual Life InsuranceSupreme Court of Minnesota · 1871
3Cited by6 opinions
- American Credit Indemnity Co. v. WoodCourt of Appeals for the Second Circuit · 1896
- Manhattan Life Insurance v. HennessyCourt of Appeals for the Fifth Circuit · 1900
- National Life Accident Ins. Co. v. AlexanderSupreme Court of Alabama · 1933
- Mechanicks National Bank v. CominsSupreme Court of New Hampshire · 1903
- Langdon v. Union Mutual Life Ins.U.S. Circuit Court for the District of Eastern Michigan · 1882
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