Connecticut Mutual Line Insurance v. Ryan
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court. The wife cannot assign the policy during her husband’s life.— Eadie v. Slimmon, 26 N. Y. 9 ; Barry v. Insurance Go., 59 N. Y. 587 ; Barry v. Bruñe, 71 N. Y. 267 ; Moehring v. Mitchell, 1 Barb.
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Appeal from the St. Louis Circuit Court. The wife cannot assign the policy during her husband’s life.— Eadie v. Slimmon, 26 N. Y. 9 ; Barry v. Insurance Go., 59 N. Y. 587 ; Barry v. Bruñe, 71 N. Y. 267 ; Moehring v. Mitchell, 1 Barb. Ch. 272 ;34 Conn. 305 ; Wood v. Simmons, 20 Mo. 363; Graft v. Bolton, 31 Mo. 355. It is not necessary to show actual fraud, to render void an assignment made by the wife under the undue influence of the husband.— Whelan v. Whelan, 3 Cow. 537 ; Turner v. Turner, 44 Mo. 537. Ryan, having wrongfully obtained an apparent title and possession of the original policy,…
1Opinion of the CourtHayden, J.
This is a bill of interpleader, filed by the plaintiff that the respondent and the appellant might, between them, litigate the right to $4,728, the proceeds of a policy of insurance upon the life of John Gilday, the husband of the appellant. The respondent, a creditor of Gilday in the latter’s lifetime, claimed the policy by virtue of a written assignment of the same, made to the respondent by John Gilday and the appellant on the twenty-third day of May, 1874. The allegations of the appellant are to the effect that the respondent wrongfully and fraudulently prevailed upon her husband to so…
2Cases cited1 opinion
- Baker v. YoungSupreme Court of Missouri · 1871
3Cited by3 opinions
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- Estate of BreitungWisconsin Supreme Court · 1890