Roberts v. Phoenix Life Ins. Co.
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120 U.S. 86 (1887)
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U.S. Supreme Court
Roberts v. Phoenix Life Ins. Co., 120 U.S. 86 (1887)
Roberts v. Phoenix Life Insurance Company
Argued January 12-13, 1887
Decided January 21, 1887
120 U.S. 86
In a suit in equity by a wife against a life insurance company and her husband, in the Circuit Court of the United States in Kentucky, to recover, as assignee of her husband by a written assignment, the amount insured by a policy issued by the company in favor of the husband and his assigns, on the life of a debtor of his, for $20,000, the husband having, after the date of such assignment and before the death of the debtor, delivered the policy to the company, with a written assignment by him to it, endorsed on the policy of "all right and title to the within policy," and expressing a consideration of $4,000, and received the $4,000, the circuit court having dismissed the bill, this Court, on appeal, affirmed the decree on the ground that the assignment at to the wife was not satisfactorily proved to have been made or delivered before the transaction between the husband and the company.