Legal Opinion · Dissent

Blackman v. Praetorians

Court of Appeals of Texas

Decided November 28, 1952No. 14546Published

1DissentYoung, Justice

Appellees (heirs of Kaufman) concede, as does the present majority opinion, that the Kaufman assignment was not tantamount to a change of beneficiary;1 yet asserting in common that a vested right passed to the assignee which descended to his heirs. The fallacy of such conclusion may be demonstrated by application of a well settled rule of law to the policy contract of which the Company by-laws and Constitution are a part: “In accordance with the general principle prevailing as to assignees of nonnegotiable choses in action, an as-signee of an insurance policy as a general rule acquires no…

2Cases cited5 opinions

  1. Garabrant v. BurnsTexas Supreme Court · 1938
  2. Castillo v. CanalesTexas Supreme Court · 1943
  3. Kotch v. KotchTexas Supreme Court · 1952
  4. Cawthon v. PerryTexas Supreme Court · 1890
  5. Modern Woodmen of America v. ShattuckCourt of Appeals of Texas · 1924

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