20 S.D. 93 | S.D. | 1905
This action as instituted was to recover the amount specified in a benefit certificate purporting to have been issued to one of its members by the Modern Woodmen of America on the day of such member’s death, and, upon a sufficient showing that the defendant society stood ready to pay the full amount claimed to the legal beneficiary, the money was deposited in court, while the action
A standard author elucidates the objections that exist against the substitution or original designation of a beneficiary having no insurable interest in part as follows: “In either case the holder of such policy is interested in the death, rather than the life, of the insured. The policy of the law forbids such speculations based on the
Plaintiff being a stranger to' the insured and expressly prohibited by the statute and by-laws from becoming his beneficiary, either by original designation or substitution, the verdict was properly directed against him, and the judgment appealed from is affirmed.