Manhattan Life Insurance v. Hennessy
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Texas. This is a suit by Ellen Hennessy, of the state of Texas, against the Manhattan Life Insurance Company, incorporated under the laws of the state of New York, for $9,000, being the amount of two insurance policies on the life of Patrick H, Hennessy, deceased.
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In Error to the Circuit Court of the United States for the Eastern District of Texas. This is a suit by Ellen Hennessy, of the state of Texas, against the Manhattan Life Insurance Company, incorporated under the laws of the state of New York, for $9,000, being the amount of two insurance policies on the life of Patrick H, Hennessy, deceased. The Manhattan Life Insurance Company issued one of the policies on April 1, 1872, for $5,000, and the other on January 23, 1874, for 84,000. Each policy was payable to the “said assured, liis executors, administrators, or assigns, within ninety days afier…
1Opinion of the CourtShelby, Circuit Judge
An insurance policy is a chose in action, and, if without restrictive words, is assignable under the general principles of: law. The policies in question here are assignable by their terms, because the underwriter has contracted with and promised to pay the “assured, his executors, administrators, and assigns.” It was in the contemplation of the parlies to the contract that it might be assigned, and in that event the express contract is to pay the amount of the policies to the assignee. This would not, of course, authorize an.assignment, or make one valid that was against public policy and in…
2Cases cited18 opinions
- New York Mutual Life Insurance v. ArmstrongSupreme Court of the United States · 1886
- Warnock v. DavisSupreme Court of the United States · 1882
- Connecticut Mutual Life Insurance v. SchaeferSupreme Court of the United States · 1877
- Insurance Co. v. BaileySupreme Court of the United States · 1871
- Olmsted v. . KeyesNew York Court of Appeals · 1881
13 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Livesay v. First Nat. Bank of LockneyTexas Commission of Appeals · 1933
- Mutual Life Ins. Co. of New York v. LaneU.S. Circuit Court for the District of Georgia · 1907
- Interstate Commerce Commission v. Louisville & N. R. Co.U.S. Circuit Court for the Southern District of Georgia · 1902
- Robinson v. EXCHANGE NAT. BANK OF TULSA, OKL.District Court, N.D. Oklahoma · 1939
- Clark v. Equitable Life Assur. Soc.U.S. Circuit Court for the District of Eastern Pennsylvania · 1906
6 more not listed; retrieve them via the Exa API.