New York Life Insurance v. Jack

Mississippi Supreme Court
New York Life Insurance v. Jack, 76 Miss. 788 (Miss. 1899)
Whitfield

New York Life Insurance v. Jack

Opinion of the Court

Whitfield, J.,

delivered the opinion of the court.

By the terms of the contract—the policy of insurance—the appellant contracted to pay “the insured’s executors, administrators or assigns. ’ ’ The policy was assigned, and not to Mrs. Stewart. She was not the executor, administrator or assign of the insured, and had no standing in court, in this case, as plaintiff. She was a stranger to the contract. If she had an agreement with Jack for a division of the proceeds of the pol*794icy, that was a matter of contract between her and Jack with which the appellant had no concern. And it is not permissible for Jack to shut out proof competent against him by the easy choice of joining as co-plaintiff with himself one who has no standing to sue on the contract of insurance. The demurrer to plaintiff’s third plea should have been overruled.

It was error to exclude the testimony of J. A. Melton as to the conversation had with Jack as to all the policies in appellant’s company Jack had, the conversation relating to all, and to this one as embraced in all stich policies. And it was, of course, error to grant the peremptory instruction for plaintiff. We do not now pass on any other assignments of error.

JReversed and remanded.

Reference

Full Case Name
New York Life Insurance Company v. Guy Jack
Cited By
1 case
Status
Published
Syllabus
1. Parties. Policy of insu/rance. If an insurance policy be payable to the executors, administrators or assigns of the insured, and be assigned by him in his lifetime, his widow and sole heir is not a proper party co-plaintiff with the assignee of the policy in a suit at law thereon. 2. Same. Even if, in such case, the widow have an agreement with the assignee of the policy for a division of its proceeds, still she is not a proper plaintiff in a suit at law on the policy. 3. Defenses. Delusive pleading. A plaintiff against whom a defense of fraud exists cannot shut out proof thereof by joining an innocent party as co-plaintiff with himself. 4. Evidence. Declarations against interest. If a plaintiff hold several insurance policies, including the one in suit, and make declarations touching his right to all of them, his statements against his interests are admissible in evidence in a suit on one of the policies, although not specially mentioned in the declaration.