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Claim by Principal and Agent in the Alternative for Amount of
Premiums of Insurance, or for Amount of Notes given for the same, and on an Account stated (a). 1. The plaintiffs Messrs. R. & Co. were and are merchants Alternative carrying on business in London and Liverpool, and were and claim by are the agents in this country of the plaintiffs the M. Insurance and agent Co., of New York, who carry on the business of marine in- for pre
miums of surers in New York and other places in the United States of insurancez, America.
&c. 2. The defendant is a merchant or contractor, who formerly carried on business in America, and now carries on business in the City of London.
3. In the years 1870 and 1871, the defendant and the said company entered into certain contracts of insurance contained in certain policies and extensions indorsed upon the same, under which, in consideration of certain premiums which the defendant promised to pay to the said company, the said company undertook to insure the defendant to the extent set forth respectively in the said policies and extensions. Declarations of interest to a considerable amount were made from time to time under the said policies and extensions.
4. Divers sums became and were due and payable from the defendant to the said company for and in respect of the premiums on so much of the said policies and extensions as were used by the defendant by means of the said declarations of interest.
5. Particulars of the said sums and moneys appear by the indorsement on the writ herein.
6. To meet the sums and moneys so due from the defendant to the said company the defendant, by A. R., his agent duly authorised in that behalf by a power of attorney dated the
(a) This mode of joining plaintiffs would have been inadmissible before the Judicature Acts; but now by Order XVI. r. 1, “All persons may be joined as plaintiffs in whom the right to any relief is alleged to exist, whether jointly, severally, or in the alternative. And judgment may be given for such one or more of the plaintiffs as may be found to be entitled to relief, for such relief as he or they may be entitled to without any amendment, &c." See the effect of this rule discussed ante, pages 3 and 4.
Alternative 13th day of May, 1870, made the promissory notes mentioned claim by
in the indorsement on the writ in favour of the said company principal and agent or order payable respectively six months and eight months miums of
after date. insurance, 7. The said notes were duly indorsed by the said company &c.
to the plaintiffs Messrs R. & Co. for collection who duly presented the same after the same had respectively become payable, and demanded payment thereof, but the defendant has not paid the same, and the amount of the said notes and interest, and notarial expenses in respect of the same, as appears by the indorsement on the writ, is still due and unpaid to Messrs. R. & Co.
8. In the alternative, the plaintiffs the said company allege that the defendant was and is indebted to the plaintiffs the said company, in respect of the said premiums and other matters hereinbefore set forth, to the amount stated in the particulars indorsed upon the writ.
9. In the alternative the said company further allege that in or about the year 1873, an account was duly stated by and between the said company and the defendant, in respect of which the defendant became and still is indebted to the said company in the amount of 4,670-97 dollars, equivalent in English money to £1050 128.
The plaintiffs claim :-
respect of the said notes, interest, and expenses, either
same at 7 per cent. per annum until judgment. (2). In the alternative that the plaintiffs the M. Insurance
Company (of New York) are entitled to the said
Insurance-Life Policies (a).
Action on a Life Insurance effected by a Creditor on the Life
On a life
policy of his Debtor.
effected by 1. The plaintiff is a solicitor practising at Kingston in a creditor
on the life Surrey. The defendants are a life insurance company, carrying of his on business in Lombard Street, in the City of London.
(a) A contract of life insurance differs from a contract of marine in- Life surance in this, that it is not a contract of indemnity merely like the insurance latter, but an undertaking by the insurers to pay a sum certain upon the more than death of a given life. It is necessary, however, that the insurer should a contract have an interest in the life insured, at the time of entering into the in- of indemsurance (see the 14 Geo. 3, c. 48, ss. 1, 2, by which it is also provided nity. that the name of the person interested, or for whose use or benefit or on whose account the policy is made, shall be inserted in it), though it is not Insurer necessary that this interest should continue till the death of the person must have insured. (See Dalby v. India, &c., Life Assurance Co., 15 C. B. 365 ; L.J.
pecuniary 24 C. P. 2; and 2 Smith's Leading Cases, 7th ed. 271, and notes thereto.) interest at As to what constitutes an insurable interest, it has been held that a pe- the time of .cuniary interest is meant, and therefore an insurance by a father in
contract. his own name on the life of his son, he having no pecuniary interest in it, is void. (Halford v. Kymer, 10 B. & C. 724.) But everyone has an
What interest in his own life, and if he insures it his executor is not bound amounts to show any interest beyond this (Wainewright v. Bland, 1 M. & Rob. to an 481); 80 a wife may insur: her husband's life (Reed v. Royal Exchange insurable Assurance Co., Peake Add. Ca. 70); and now by the 33 & 34 Vict. c.
interest. 93, s. 10, a married woman may effect a policy of insurance upon her own life or the life of her husband for her separate use, and the same and all benefit thereto shall enure to her accordingly. So a creditor may insure his debtor's life. (Anderson v. Edie, Park Ins. 8th ed. 914.) As in the case of marine policies so in the case of life policies, the assured can only recover the amount of his insurable interest in the life of the person insured ; and if he chances to have it covered by several policies, he can only recover the amount on one or more policies. (Hebdon v. West, 3 B. & S. 579; L. J. 32 Q. B. 85.)
Life policies may be assigned, and by the 30 & 31 Vict. c. 144, the Assignassignee may sue in his own name upon giving written notice to the ment of life assurance company liable under the policy of such assignment. An policies. assignee of a life policy need not show any interest in the life of the person insured, other than the original interest of his assignor at the time of the entering into the policy. (Ashley v. Ashley, 3 Sim. 149.)
The assured usually subscribes a declaration answering facts inquired of The effect by the insurers, and it is made a condition that if any be untruly of false answered, the policy is to be void. In such a case the policy is void or frauduthough there is no intentional untruth (Macdonald v. Lar, 8c., Insurance lent misreCo., L. R. 9 Q. B. 328 ; and it makes no matter though the misstatement presentais found by the jury to be immaterial, for as the basis of the contract is tion by the the truth of the representation, its materiality is not in question, and ought assured. not to be left to the jury. (Anderson v. Fitzgerald, 4 H. L. C. 484 ; Cazenore v. British Equitable Assurance Co., 6 C. B. N. S. 437 ; L. J. 28 C. P. 259.) But mere representations and statements which turn out on. true will not avoid a life policy, unless the policy purport to be based opon their truth, or there be fraud. (Wheelton v. Tardisty, 8 E. & B. 232; L. J. 26 Q. B. 265.)
There is generally a clause in all life policies avoiding the policy if
On a life 2. The defendants, by a policy of insurance bearing date the policy
day of — , 1870, made on the life of one A. B., after effected by a creditor reciting, among other things, that the plaintiff had paid to the on the life defendants the sum of £- as a consideration for the said of his debtor.
insurance on the life of the said A. B. for one year from the
day of in each year succeeding the date of the said policy until the year 1877, in which year the said A. B. died, to wit, on the 1st of February, and during the currency of the year commencing the — day of —, 1876, and while the said policy remained in full force.
4. The said A. B. was at the time of the making of the said policy indebted to the plaintiff in the sum of £1000, and the plaintiff had an insurable interest to that amount on the life of the said A. B. at the date and time of the making thereof.
5. The plaintiff, on the 2nd of February, 1877, duly notified to the defendants the death of the said A. B., and subsequently, to wit, on the 10th of February, sent to them a certificate of the burial of the said A. B., which was accepted by the defendants as satisfactory proof of the death of the said A. B.
6. All conditions were performed, and all things happened, and all times elapsed necessary to entitle the plaintiff to a
When the assured commits suicide.
the person whose life is insured “commits suicide," or "dies by his own hand; and this clause has been construed to include all voluntary self-destruction, though not felonious. Therefore, where, as often happens, a man whose life is insured (there being a clause of the kind in the policy), commits suicide in a fit of insanity, his representatives, or those who hold the policy, cannot recover on it. (Clift v. Schwabe, 3 C. B. 437 ; Dormay v. Borrodaile, 5 C. B. 380 ; but see Smith's Mercantile Law, 9th ed. 404–5.)
performance by the defendants of their said agreement, and to On a life be paid the said sum of £1000 and the bonuses or additions, if policy
effected by any, accrued since the making of the said policy.
on the life 7. Yet the defendants have not paid the said sum of £1000 of his and bonuses, if any, or any part of the said sum or bonuses. debtor.
The plaintiff claims £1100.
Action by Assignee of Life Policy. 1. The plaintiff is a monetary scrivener, carrying on business On a life in St. Swithin's Lane, in the City of London. The defendants policy by are an insurance company.
signee. 2. By a policy of life insurance bearing date the 8th day of August, 1868, made between the defendants of the one part and one G. H., now deceased, of the other part on the life of the said G. H., after reciting that the said G. H. was desirous to effect an insurance with the defendants on his life for the term of his whole life in the sum of £1000, and that the said G. H. had subscribed and delivered into the office of the defendants a proposal and declaration setting forth, among other things, the present and general state of his health, and had paid the sum of £- to the defendants as the premium for such assurance from the 8th day of August, 1868, to the 8th day of August, 1869 ; it was agreed by the defendants that if the said G. H. should die at any time within the said period, the capital stock and funds of the said company should be subject and liable to pay to the executors, administrators, or assigns of the said G. H., at the expiration of three calendar months after proof satisfactory to the court of directors of the defendants should have been made of the death of the said G. H., the said sum of £1000, together with such further sum or sums as might under the defendants' regulations have been from time to time appropriated as a bonus or addition to the said policy; and the defendants further agreed that the said policy might be continued in force during the whole life of the said G. H. on payment to the defendants, on or before 8th of August, 1869, of the sum of £4, and the like sum annually thereafter on or before the 8th of August in each year.
3. On the 12th of August, 1868, the said G. H., by writing under his band, duly assigned the said policy to the plaintiff,