Brown v. Equitable Life Assurance Society of United States
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover the amount of a life insurance policy. .The court, Johnson, J., found in favor of plaintiff for the sum of $2,027, and interest, and from an order denying a motion for a new trial, defendant appealed. Plaintiff cannot take advantage of his own wrongful acts and laches, to defeat an innocent bona fide holder.
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Action in the district court for Hennepin county to recover the amount of a life insurance policy. .The court, Johnson, J., found in favor of plaintiff for the sum of $2,027, and interest, and from an order denying a motion for a new trial, defendant appealed. Plaintiff cannot take advantage of his own wrongful acts and laches, to defeat an innocent bona fide holder. Fassett v. Smith, 23 N. Y. 252. The assignee of a chose in action takes a perfect title, if the owner has armed his immediate assignee with evidence of absolute ownership, and has thereby misled such subsequent assignee into…
1Opinion of the CourtMitchell, J.
This action was brought to recover on a life insurance policy which had been paid at its maturity to the Security Bank of Minneapolis; the plaintiff claiming that he was the owner of the policy, and that the defendant had no right to pay the money to the bank. The action was tried by the court, which ordered judgment for the plaintiff for the face of the policy. All the assignments of error challenge the sufficiency of the findings of fact to support the conclusions of law. Omitting immaterial matters, and stating the findings according to their legal effect, they are substantially as follows:
2Cases cited4 opinions
- McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
- Bush v. . LathropNew York Court of Appeals · 1860
- Moore v. . Metropolitan National BankNew York Court of Appeals · 1873
- Hogue v. Minnesota Packing & Provision Co.Supreme Court of Minnesota · 1894
3Cited by11 opinions
- Rylander v. AllenSupreme Court of Georgia · 1906
- King Cattle Co. v. JosephSupreme Court of Minnesota · 1924
- Gordon v. Ware Nat. BankCourt of Appeals for the Eighth Circuit · 1904
- PHL Variable Insurance Company v. Bank of UtahCourt of Appeals for the Eighth Circuit · 2015
- Rahders, Merritt & Hagler v. People's BankSupreme Court of Minnesota · 1911
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