This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1881 Excerpt: ... or even merely temporary, interest would present circumstances from which want of good faith and an intent to evade the rule might be inferred. But supposing a fair and proper insurable interest of whatever kind to exist at the time of taking out the policy, and that it be taken out in good faith, the object and ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1881 Excerpt: ... or even merely temporary, interest would present circumstances from which want of good faith and an intent to evade the rule might be inferred. But supposing a fair and proper insurable interest of whatever kind to exist at the time of taking out the policy, and that it be taken out in good faith, the object and purpose of the rule which condemns wager policies is sufficiently attained, and there is then no good reason why the contract should not be carried out according to its terms." The impossibility of adjusting the equities of the parties, if a cessation of interest should be allowed to invalidate insurance already partly paid for, is also urged by the court. Iu the case of Cammack vs. Lewis is presented the other aspect of this question, viz., the absence of a valid interest. Lewis was indebted to Cammack to the amount of $70, and, at the suggestion of the latter, procured a policy for seven years on his life for $3,000, on which Cammack paid the first and only premium, taking an assignment of the policy from Lewis, who died during the year, and a note for $3,000, confessedly without consideration. Cammack, having collected the money, paid over to his executrix $1,000 in accordance with an alleged agreement with Lewis that he should pay the premiums and receive twothirds of the policy in the event of his death. The executrix sued for the balance. The court declared that so far as Cammack was concerned, "the transaction was a sheer wagering policy, and probably a fraud on the insurance company. To procure a policy for $3, (iOJ to cover a debt of $70 is of itself a mere wager. The disproportion between the real interest of the creditor and the amount to be received by him, deprives it of all pretence to de a bona-fide effort to secure the debt...
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