86 Wis. 1 | Wis. | 1893
The findings of the court are' fully sustained by the evidence.
It is contended that the plaintiff had no^ insurable interest in the life of Fannie E. Nash. The learned counsel for the
In Barnes v. London, E. & L. L. Ins. Co. [1892] 1 Q. B. 864, an action was brought to recover the amount of a policy of insurance upon the life of a child ten years old, a step-sister of the plaintiff, and it appeared that the plaintiff had promised the mother of the child to take care of and help maintain it; and it was “held that the plaintiff had an insurable interest in the child’s life, and was entitled, in the absence of any objections as to the amount in fact expended by her, to recover the amount of the policy.” Lord Cole-eidge, C. J., in effect said that it appeared that the plaintiff had undertaken the burden of keeping and maintaining the child.' That “that was a duty not cast upon her by law, but was wholly self-imposed. ... In that state of circumstances it is said that the plaintiff had no insurable interest in the child’s life. Now, I agree that the insurable interest must be a pecuniary interest, and that the interest must be in existence at the time when the policy is effected. That is perfectly clear upon the authorities. Is there such a pecuniary insurable interest here? I think there is. . . . I cannot find that anything has been said in any case to a contrary effect.” And in one of th,e cases cited by counsel
But, as indicated, the case at bar is more favorable to the validity of the insurance, since Miss Mash procured the insurance on her own life, in part to remunerate and compensate one to whom she was under great moral, if not legal, obligations. Upon her death the company promptly paid the money to the defendant, as agreed in the policy. It is, at least, very doubtful whether the company .could have successfully resisted such payment, had it made the attempt; but that question is not before us for determination. Even assuming that the company might have successfully resisted such payment, yet we are clearly of the opinion that in voluntarily making the payment the company violated no statute nor any principle of the common law or of good morals. The defendant, therefore, -came into the lawful possession of the money. As indicated in the foregoing statement, the plaintiff surrendered the previous outstanding certificate, and he and Miss Hash consented and agreed that a new certificate should be taken
By the Oourt.— The judgment of the circuit court is affirmed.