Price v. First National Bank
Supreme Court of Kansas
Error from Atchison district court; "W. T. Bland, judge. In bam. STATEMENT. This was an action originally brought in the district court by the New York Life Insurance Company, alleging a controversy between Eliza J. Price and the First National Bank of Atchison, Kansas, as to the proceeds of a policy of insurance which was issued on the life of John M. Price, husband of Eliza J. Price, on the 11th day of July, 1865, and praying that the insurance company might be permitted…
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Error from Atchison district court; "W. T. Bland, judge. In bam. STATEMENT. This was an action originally brought in the district court by the New York Life Insurance Company, alleging a controversy between Eliza J. Price and the First National Bank of Atchison, Kansas, as to the proceeds of a policy of insurance which was issued on the life of John M. Price, husband of Eliza J. Price, on the 11th day of July, 1865, and praying that the insurance company might be permitted to pay into court the sum of money due on the $5000 policy, and that it be further relieved from any liability in the…
1Opinion of the Court
The opinion of the court was delivered by
Ellis, J.:
The insurance policy in the New York Life Insurance Company had been paid up since 1874, and was the property of Eliza J. Price, the beneficiary named therein. The unconditional assignment to the bank of January 19, 1894, was void, because such bank could not have an insurable interest in the life of John M. Price. (Life Ins. Co. v. Sturges, 18 Kan. 93.)
Parol evidence was admissible for the purpose of showing that, although such assignment was absolute on its face, the real intent of the parties was that the insurance policy should be turned…
2Cases cited18 opinions
- Robinson v. . JewettNew York Court of Appeals · 1889
- Prout v. Inhabitants of the Fire District in PittsfieldMassachusetts Supreme Judicial Court · 1891
- Warder v. TuckerMassachusetts Supreme Judicial Court · 1811
- Missouri Valley Life Insurance v. SturgesSupreme Court of Kansas · 1877
- Price v. First National BankSupreme Court of Kansas · 1901
13 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Gordon v. Ware Nat. BankCourt of Appeals for the Eighth Circuit · 1904
- Reed v. Kansas Postal Telegraph & Cable Co.Supreme Court of Kansas · 1928
- Shrader v. McDanielSupreme Court of Kansas · 1920
- Niagara Fire Ins. Co. v. FlowersSupreme Court of Oklahoma · 1927
- Glover v. BerridgeSupreme Court of Kansas · 1912
2 more not listed; retrieve them via the Exa API.