The Washington Law Reporter, 1908, Vol. 36

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Excerpt from The Washington Law Reporter, 1908, Vol. 36: Official Newspaper of Supreme Court of the District of Columbia, Publishing Also All Decisions of the Court of Appeals, of the District of ColumbiaIn Reed v. Provident Savings Life Assurance So ciety, decided by the Court of Appeals of New York, and reported in the New York Law J ournal, the question was as to the validity of a policy of in surance taken out by a creditor on the life of his debtor, pursuant to an agreement between them. The court holds that a life insurance policy is not a contract of indemnity, it is a contract to pay a sum of money upon the death of the assured, in consideration of payments made to the company during his life. If the insurance is made upon the application of one who has no insurable ih terest in the life insured, it is a wager policy, which the law condemns. But a person may in sure his own life and provide in the contract of in surance that the money shall be paid to any one he may appoint or assign the policy to. What will distinguish the one contract from the other is the fact as to the party actually contracting with the insurer. A policy procured by the plaintiff upon the life of his uncle, as his nephew and creditor, payable to himself as such and to the children of the assured, pursuant to a contract and agree ment made between them whereby he was to pay the premiums and be repaid with interest, and a substantial amount in addition thereto, out of the proceeds of the policy on the death of the assured, is a valid and enforcible policy, and when, upon the failure of the company, the plaintiff procured in place thereof a policy in another company, on the same life and under the same contract, but payable to himself alone, he then being a creditor of the assured, the substituted policy may be en forced and its proceeds distributed in accordance with the agreement. It is of no consequence, so far as its validity is concerned, that the plaintiff's interest as a creditor of the assured when be pro cured the policy was less than its amount.About the PublisherForgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.comThis book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully, any imperfections that remain are intentionally left to preserve the state of such historical works.