Clifford v. Prudential Ins.
Clifford v. Prudential Ins.
Opinion of the Court
Thomas Anderson obtained insurance upon his own life in the company defendant in 1890. In 1891 he transferred his policies to Anthony J. Clifford as collateral security for certain debts due by him to Clifford. A few months later Anderson died. Letters of administration upon his estate were obtained by Clifford, his creditor, who thereupon brought this suit. The defence taken is that Clifford holds these policies as the assignee of the decedent and not as his administrator, and for this reason we are asked to overturn the judgment.
The court below had, as we now have, ample power to allow such amendment as may be necessary to protect the defendant from further liability on this policy. We are by no means sure that any amendment is needed, but as the plaintiff asks to be allowed to describe himself as also the assignee of Anderson, and as such amendment will remove any possible objection to the judgment, we will allow the amendment and affirm the judgment.
Reference
- Full Case Name
- Clifford, Admr. of Anderson v. Prudential Ins. Co.
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- Life insurance — Assignment—Practice—Amendment. Where a creditor, who is assignee of a policy of insurance on the life of his debtor, takes out letters of administration on the debtor’s estate, and as administrator sues and recovers on the policy, the Supreme Court, on appeal from the judgment, will permit the record to be amended so that the plaintiff may also appear as assignee of decedent, although it is doubtful whether in such a case the amendment is necessary to entitle the plaintiff to recover.