142 Pa. 575 | Pennsylvania Court of Common Pleas, Synder County | 1891
This case comes clearly within the ruling in Gilbert v. Moose, 104 Pa. 74, and Downey v. Hoffer, 110 Pa. 109, in which it was held that one man having no interest in the life of another cannot speculate upon it by taking out an insurance thereon. In this case, the policy was taken out on the life of Mrs. Mary Vanormer, and nominally for the benefit of the husband, and by him assigned to Dr. W. H. Backus, who was not a relative of the assured, nor had he any insurable interest in her life. The evidence in regard to the real nature of the transaction was objected to, and its admission assigned as error. See second, third and fourth assignments. We think this evidence was properly received, and it showed very clearly that the transaction was a mere speculation on the life of the assured. In other words, it was a gambling policy. It appears that the agent who effected the insurance placed about thirty thousand dollars on
Judgment affirmed.