Union Cent. Life Ins. v. Hughes' Admr.
Court of Appeals of Kentucky
Case 5 — Action on Policy of Life Insurance — appeal from bell circuit court. Judgment for Plaintiff and Defendant Appeals. POINTS AND CITATIONS. 1. The legatee of the insured was not a proper party. The defendant had no contract with her. The policy was not assigned to her. The company could not pay her without subjecting itself to a liability to the .creditors of the insured.
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Case 5 — Action on Policy of Life Insurance — appeal from bell circuit court. Judgment for Plaintiff and Defendant Appeals. POINTS AND CITATIONS. 1. The legatee of the insured was not a proper party. The defendant had no contract with her. The policy was not assigned to her. The company could not pay her without subjecting itself to a liability to the .creditors of the insured. The defendant was liable under this policy, if at all, to the estate of the insured. 2. The first charge given was erroneous. The extent of the obligation assumed by the defendant is measured by the language of the…
1Opinion of the Court
Opinion of the court by
JUDGE HOBSON
-Affirming.
Appellant on September 5, 1890, issued to John 8. Hughes a policy by which, in consideration of ten annual payments of $46.02 each, it insured -his life in the sum of $1,000, the loss to- be paid to. his personal representative at his death. Hughes made seven annual payments on the policy, and died on June 28, 1897. Appellee, as his administrator, filed this suit on the policy; and appellant resisted a recovery of the full amount, insisting that only the reserve value of the policy, which -amounted to $151.84, could be recovered. The policy was…
2Cited by8 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. DixonIndiana Court of Appeals · 1911
- Louisville & Nashville R. R. v. Woodford & IrelandCourt of Appeals of Kentucky · 1913
- Roseberry v. American Benevolent Ass'nMissouri Court of Appeals · 1909
- Mason v. Life Casualty Ins. Co. of TennesseeSupreme Court of Florida · 1949
- Sovereign Camp, Woodmen of the World v. WernetteCourt of Appeals of Texas · 1919
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