New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-04-25
COURT RECORD.
SATURDAY, APRIL "a, 1875.


SATURDAY, APRIL "A, 1875.
Huper1or District Court.
Judge Cullen presiding, Judge Hawkins
having recused himself.
Oscar Allen vs.. Lafayette Fire Insurance
Coinpany.-On trial.
Superior Criminal Court.
NOLLE PROsEQUI ENTERED.
State Va. Thomas Brady ct al.-Robbery.
Charles Stafford, indicted with him, for
feited his bond.
j. II. Kalvalage, of arson.
SENTENCED.
Sam Anderson for carrying q concealed
weapon, $25 or one month in Parish Prison.
Fifth District Court.
Judge Cullom rendered the following
decision:
Jason T. Diball We. 1Etna Life Insurance
Company.-On policy of insnrance issued
to b. 7. Lptspeich August 10, 1860, for
$4,000. The war prevented punctual pay
ment, Joseph H. Copes, agent, being unable
he no ifed the company he had received it,
and they refused it. Plaintiff is transeree
OF insured during life for valuable con-
sideratiOn, and paid premiums to Copes
regularly, agent Of defendant, who refused
to regard the policy as having any ex.
istence. In 1869 it was agreed if Lotspeich
were alive the policy would be recognized
on payment of premiums: He was in in
sura BILE health. Copes rendered the amount,
but the company failed to comply. Lots.
peich died in 1872, and the defendant re-
fused to pay, alleging no policy, forfeiture,
denial OF compliance with agreement,
Copes insurable interest and plaintiffs as
signment. Lotspeich's heirs allge plaintiffs g
right is for their use, deducting expenses
OF keeping up the policy, its assignment
being pledge, aliatOry and null. The
evidence is in favor of the existence of the
policy. 1t was forfeited, but revived in
1869, by a reexami1atiOn Of the insured,
another agent participating, and reception
Of one or more premiums. No new policy
was ever made. What the company re-
ceived was on the hypothesis of acceptance
of the terms by the assignee; q consent to
renewed vitality Of the expired policy. The
company has never rendered a new or dit
ferent policy, and absolutely declined pre-
miums after July, 1869. l conclude there
was subsistiDg policy for $4,000. Was 1t
assignables The decisions are conflicting.
IntervenOrs contend assignment would
give an interest not in the life, but in the
d.ath Of the assured. Cammack va. Lewis
Is Wal. 43; Stephens vs. Warren, I0l Mass
564; that it was no ownership but security;
Ind. r. 1872; Bigelow 563; succession OF
Kugler % An 465. The last case does not
apply. the assignment not being made by
tho insured. X. 1893. In Big. $50 a
policy purchased for $50 was decided q
wager policy, quoting Ruse vs.. in
snranoe tnss ~. company % N. \; y c,. 'le,
policy directly from the company on the
life of another without having au insurabe
interest and as mere gaming speculation.
1t valid at Inception it may be assigned.
st. John vs. insurance company, 13 N. Y,
81: Walton vs. insurance company, 20 N. Y,
-; Ashley VS.. Ashley, Eng. Ch r., l49.
The Massachusetts doctrine is different
from all the other States; that an assign
ment without the assent of the company
carried no right to the proceeds. The in
terest must be direct. 3 Kent, 1863 So with
the English law. II George III c., 4S. The
creditor has an interest in the debtors life
| Big 1856 Az; 3 DeniO, 30l; 2 Duer, 4l9;
l3 N. Y, 81. Ii obtained by one having all
interest, it may be assigned to one who has
none. Bliss lns., 80; q N. y, 2S9; Ii n
Y, 81. At common law one might recover
on wager contract Lord Mansfield, 2
Cow, 73i; d. aud E., 694. If there is an
iDsurable interest ut the time of issue it
will remain valid, though the interest ter
inmates. Big. Ins., $40; Bliss Ins., 80. 1t
ma lbe assigned as security,and remain valid
alter the debt is paid. Notice of assignment
is not necessary l Big. R., 709. May on
Insurance adopts the views Of insurance
company vs.. Hazard, 3 Big, $50.
One obtaining a policy in his owr
name may dispose of it as he will.
Big. 366
Berlin vs. insurance company is based on
the statutes Of Connecticut. Ali the deci-
siOns denying the right of the assignee of
the insured during life are based ON the
English statutes.
In the absence of these statutes the
doctrine of Walton VS.. insurance company,
Bliss and the New York Reports, and Ash
leys case should prevail on principle. The
policy in this case was valid at its incep-
tion, and although the assignee had no in
eurable interest in the life of Lotspeich at
the time, his subsequent purchase thereof,
bona tide, does not discharge the company,
nor does it limit him to the right to recover
only the amount of his debt. The policy
must be regarded as a contract evidencing
q right belonging to the insured. 1t was in
his power and discretion to let it lapse or
to keep it alive. G. G. 1882 4, have nothing
to DO with the queaiion before me. They
are inhibitory of gaming, and of that alone;
and although life insurance has been re-
garded. or rather classified, as a wagering
it is one which, by no means, is
made to depend on an uncertain event"
c. G. 1882 Death is certain; we live but
to die.
The decision of these two propositions
lisDoses of the claim Of intervenOrs to any
re-duary rights in the policy taken out on
against defendant and intervenOrs.