Page:Federal Reporter, 1st Series, Volume 9.djvu/265

 250 FEDERAL REPORTER. 3. Insukable Intebests. Ko one can procure valid insurance on a life uniess he has an interest in that life. 4. Samb. A policy taken eut nominally in the name of the assured, and for his boneflt, but in reality aa a cover for the benefit and in the interest of one liaving no insurable interest, is void. 5. Same — Ckbditoks. A crediter, however, lias an insurable interest in the life of his debtor, and may take out a policy upon the life of the latter, or the policy may be taken ont in the name of the debtor and assigned to the creditor. Hon. G. M. Harding, Asst. U. S. Dist. Atty. Wilson, and Col. Knmr, for plaintiff. Messrs. Dalzell, Purviance e Stoner, contra. AcHESON, D. J., (ckarging jury.) This ia an action by Charles B. Brockway, administrator of Beekwith S. Brockway, deceased, for the use of D. P. Seybert, against the Mutual Benefit Life Insurance Company of New Jersey. The suit is upon a policy of insurance dated March 12, 1868, for the sum of $10,000, issued by the defend- ant Company upon the life of Beekwith S. Brockway, of Salem town- ship, Luzerne county, Pa. On its face, the policy would seem to have been taken out by Beekwith S. Brockway on his own account. It appears to be an ordinary contract of life insurance between him and the company. By its terms, in consideration of the payment of the cash premium, and the annual premiums therein specified, the company agreed to pay the sum of $10,000 to the executors, admin- istrators, or assigns of Beekwith S. Brockway, within 90 days after due notice and proof of his death, and proof of interest by the party claiming the insurance money. The plaintiff gave in evidence : (1) A paper dated March 8, 1868, containing the " declaration " of Beekwith S. Brockway, made upon his application for insurance, and certain printed questions propounded by the company, and the written answers thereto made by Brockway, his friend, and his physician, whieh answers are expressly made " the basis of the contract " between Brockway and the insurance company. (2) The policy of insurance issued by the Mutual Benefit Life Insurance Com- pany in pursuance of that application, the policy containing a receipt for $650, the first premium. (3) A receipt dated March 12, 1869, for $650, the second ytar's premium. (4) Proof of the death of Beekwith S. Brockway on December 4, 1869. (5) And it was admitted that due proofs of death and interest were fumished the company on December 27, 1869. The plaintiff thus made out a prima facie case which would entitle him to your verdict, in the absence of any defence shown by counter evidence. But the insurance company has set up several defenees.