186 Mo. App. 310 | Mo. Ct. App. | 1914
— This is, a suit on a policy of insurance on a dwelling house in Webb City, Missouri,
Plaintiff’s evidence goes no further than to show that after this conveyance he and his wife had occupied this dwelling house and that the plaintiff (husband) had collected the-rents from same and used the money thus collected as his own. The court instructed the jury that if defendant’s agent issuing the policy knew the condition of the title at the time of doing so, then the fact that the title was. in the wife will not prevent plaintiff’s recovery, provided plaintiff was in control and possession of the property collecting the rents thereof. If it should be deemed material, there is no showing made that the wife had agreed, verbally or otherwise, to hold this property for the husband or to reconvey it to him at any time, or that she agreed to let him hold or use it as his own, or collect and use the rents therefrom for any length of time. It is just such possession and control of the wife’s property by the husband as naturally grows out of the marital relations and his collection of rents by her sufferance.
The question arises as to whether the husband had any insurable interest in this property of his wife. If he had not, the policy of insurance is void as against public policy, and the question of waiver, by reason of the agent’s knowledge of the title being in the wife,
As to the husband having any insurable interest in his wife’s, real estate, the rule is stated in 19 Cyc. 589, thus: “Under statutes giving a married woman the right to acquire and hold real estate free from any control of her husband thereover or any liability thereof on account of his debts, the husband of such married woman has no insurable interest in her real property thus acquired and held; nor does it constitute an insurable interest on the part of the husband that a conveyance by the wife of her separate estate in property acquired from the husband can only be made by his joining in the deed.” In Bassett v. Farmers’ & Merchants’ Ins. Co., (Neb.) 122 N. W. 703, the husband had purchased and caused to be conveyed to his wife a farm. The husband insured the dwelling house thereon in his own name. In a suit on this policy, the court said: “In jurisdictions where the lawmaking power has completely emancipated a married woman’s property from the control of her husband, the possibility that he will receive a benefit from the real estate of which she may die seised is not considered an insurable interest during her lifetime. ... So far as the proof goes, plaintiff holds, possession of the farm by sufferance of his wife, and not by force of any lawful or equitable right. Counsel argue that Mrs. Bassett has only a dry, naked, legal title to the farm;
There is probably no State in the Union where the laws have more completely deprived the husband of marital rights in his wife’s property than in this State. [Sections 8308, 8309, H. S. 1909]. Under these statutes, her real estate, belonging to her before marriage or coming to her during coverture, by gift, bequest or inheritance, or1 by purchase, and all income,
The plaintiff relies on the case of Travis v. Continental Ins. Co., 32 Mo. App. 198, and, on a second appeal, 47 Mo. App. 482. We think that an examination of the facts of that case will show a wide distinction between that case and this one. That case related to insurance on personal property. It is there said that the husband had possession of this personal property, claiming it as his own by virtue of a transfer of it from his wife, and, if this claim was made in good faith by him, he had an insurable interest in the property. It is said that because the title of the insured to the property is defective, this will not deprive him of his insurable interest, if he is in possession under a bona-fide claim of title, legal or equitable. The court allowed plaintiff to recover on proof that he was in possession of the goods claiming in good faith to be the owner thereof, and the only defect in his title was that his wife had not transferred, same to him in the exact manner described by law, so that his, title wás merely defective. In the present case the title is by deed and of record and the plaintiff was not in possession and was not claiming, in good faith, to be the owner of this property. He was not claiming under a defective conveyance, or any conveyance at all.
The English case of Lucena v. Craufurd, 3 Bos. & Pull. 75, 2 N. R. 269, covering sixty-one printed pages, contains an interesting discussion of what constitutes an insurable interest. It is there held that a mere expectation, although amounting to a moral certainty that one will have an interest in property, does not give an insurable interest. “Where there is an expectancy coupled with a present existing title, there is an insurable interest. . . . That expectation, though founded upon the highest probability, was not interest, and it was equally not interest, whatever might have been the chances in favour of the expectation. ’ ’
It results, therefore, that plaintiff cannot recover on this policy for the reason that he had no insurable interest in the property insured. The case will, therefore, be reversed.