102 Ky. 13 | Ky. Ct. App. | 1897
delivered the opinion op the court.
The appellee, Michael Monohan, sought to recover of the appellant, Metropolitan Life Insurance Co., $144.70, which he alleged had been paid by his wife in premiums on a certain policy which had been issued by the company on his life for the benefit of his wife. He contends that the policy was issued without his knowledge or consent; that the premiums were paid without his knowledge or consent; that he never made application for such policy of insurance; that he was never examined by any physician with a view of making such application. He alleges that his wife paid the premiums with his money. The answer does not deny the premiums were paid, but it denies that they were paid without the knowledge or consent of plaintiff or with his money. The testimony conduces to prove that the policy of insurance was procured without the consent or knowledge of the appellee. If the wife under such circumstances used the , money of her husband to pay the premiums on the policy, then the husband was entitled to recover from the company the sums so paid. It is certainly against public policy for
■Wherefore, the judgment is reversed, with directions that a new trial be granted, and for proceedings consistent with ■this opinion.