Americus times-recorder. [volume] (Americus, Ga.) 1891-current, 1906-04-06
CAN SELL A POLICY
IF OWNED BY SELF.
When Not Done as Gov r for
Wager Policy.
a DECISION OF MUCH INTEREST
Full Text of The Opinion Rendered
in the Allen Insurance. Case-New
Precedent is Established Thereby
In Insurance Business.

One has the right in Georgia to pro-
cure insurance on his own life, and
assign the policy 60 another who has
no ins urable interest in th life of the
insured, provided it be not done by
way Of cover FIR wager policy. So
decides the supreme court.
TIE case in point is that of Rylander
versus Allen and is of interest through
ont the state. inasmuch as 1t is a new
proposition in life insurance and es-
tablishes precedent therein.
This cause ceIebrae has just been
passed upon by the supreme court,
Messrs Lane & Maynard, attorneys for
The assignee of the policies in question
receiving yesterday the full text of the
decision The case was fully reviewed
by Che Justice William Fl. Fish
The type written decision covers
twenty two pages, and the entire court
concurs therein.
The facts IN the litigation are sub
stantially as follows:
The late Capt Thomas nj. Allen, of
Americas, years ago applied for and
obtained insurance on his own life.
After the policies were duly issued
and in his possession, he offered them
for sale. Mr.. Rylander and others be.
came purchasers, and the policies were
sold, delivered and regularly trans
ferred to them by Capt. Allen and his
heirs.at law.
These assignees held the policies at
the date said Aliens death, and had
paid ali accrued premiums thereon.
Subst quent to the death of Capt. AL
len, both the assignees and the Allen
heirs Fl ed suits against the insurance
companies for the recovery of the
amount of the policies.
By virtue of an agreement between
all the parties at interest, the insur-
ance companies paid the money, very
nearly $4,000, into court and they,
the companies, were eliminated from
the litigation, leaving the administra-
trix on the estate of the deceased and
the assigned to litigate between them
selves over the fund.
The administrative filed q declaration
of contention, alleging that the assignee
at the time of the assignment intention
ally entered into a speculation upon
the life Of Capt. Allen.
Said assignee, it was aVerred
''staked small premiums from time
to time against large profits, should
Allen die, she having no counter-bal-
ancing interest in his life, and there
fore the assignment of the policy was
a speculation, and a wagering contract
and Void
The assignee demurred to the petit
ton. generally and specially
That the allegations as to the illegal
ify of the assignment of said policy of
insurance to this defendant are too
vague and indefinite, except as to the
want Of insurable interest in the life of
the assured, Thos M. Allen, on the part
of the defendant
The demurrer was overruled and the
assignee excepted.
The supreme court concluded it's
opinion in the case in the following
language:
"Our conclusion is that the petition
did not set forth cause of action
against the assignee, and the court
therefore erred in overruling the gen.
eral demurrer Judgment reversed
all concurring."
In rendering this.decision the court
cited numerous cases of somewhat
similar nature arising in other statep,
evidencing the very thorough investi-
CATION made therein. The decision il
one Of importance in insurance. circles
throughout the state.
It is not known yet what other leg 20
steps. if any, will be taken.
WEAK KIDNEYS MAKE WEAKBODIES