Page:The Green Bag (1889–1914), Volume 20.pdf/324

 YE OLD ENGLISH BENCH Similarly the question of who pays the premiums is important merely as evidence as to who has really taken out the insur ance. The payment of premiums by the assignee cannot form the basis of his claim neither can it defeat such claim when once lawfully acquired. In Aetna Insurance Co. v. France, 94 U. S. 561, the court sustained the refusal of the lower court to instruct the jury that if they found that the pre miums had been paid by Lucretia P. France, it would show that the application for in surance was made and the policy in ques

237

tion was taken out by her for her own benefit, in which case it would be neces sary for her to show that she had insurable interest at the time the policy was taken out. The position of the courts upon the question whether payment of premiums by the assignee will of itself defeat his claim, unless it can be shown that he is the real party to the contract of insurance, may be regarded as settled in the negative. In this regard the same rule holds as to the assignee and beneficiary. LINCOLN, NEB., April, 1908.

YE OLD ENGLISH BENCH. BY HARRY RANDOLPH BLYTHE. With powdered wigs and grave demien They surely were not perfect men, They fought a little, now and then, Upon the Bench of King or Queen And jested too, I vow, at least They sat amid a nation's awe And reared the landmarks of the law. Whene'er they gave a gallant feast. Their words march on abreast of time, Their works are great in every clime, At neither works nor wigs I scoff But what of them when wigs are off?

But somehow when I know the rest I like them with their wigs the best, For then their greatness shines a bit When they begin, "Whereas, to wit."

They liked to hunt with dogs, no doubt, And drain their cups of porter stout, And this we know — they courted much Besides their Mistress Law, as such.

And when unto their books I turn Aught of their stately law to learn, I know, to further all my ends. These men stand ready as my friends.

CAMBRIDGE, MASS., 1908.