The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity

The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity : From the Year 1785, as Are Still of Practical Utility Volume 96

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ... Mr. Bmrill know whether we require him to reply further, and, if so, on what points. Curr. adv. vult. Loan CAMPBELL, Ch. J., now delivered the judgment of the Couarz L Mr. Bot-ill need not have the trouble to reply, as, on consideration, we think that the plaintifis are entitled to our judgment on all the points which arise in this case, except those which he abandoned in the course of the argument. The verdict will be entered for the defendants on the plea that Arthur Moore died by his own hands. And there will be judgment for the defendants on the demurrer to the first replication, which does not allege that the assignment relied upon was by deed, and which therefore is not, under the 8th condition of the policy, an answer to the plea. The verdict upon the issue of fact taken upon this replication will likewise be entered for the defendants, 'as the evidence did not prove an interest such as is here alleged. But we are of opinion that the second replication is good in law, and was established by the evidence. The main objection to the sufiiciency of this replication in point of law is, that the 8th condition is not obligatory upon the insurance oflice; and that, where the person who has effected an insurance on his own life dies by his own hand, this condition leaves it discretionary in the directors whether they shall or shall not make any payment on the policy in respect of the interests which are specified. The 9th condition, which contemplates a death by suicide without any assignment of the policy, or equitable interest acquired in it by third persons, says, that " the directors shall be at liberty, if they think proper so to do, but not otherwise, to pay " a limited sum for the benefit of the family. The 8th...show more

Product details

  • Paperback
  • 189 x 246 x 20mm | 658g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236931424
  • 9781236931429