Brennan v. Franey

Citations

• 142 Pa. 301
• 21 A. 803
• 1891 Pa. LEXIS 736

Syllabus

<p>(a) In an assumpsit by the beneficiary of a life-insurance policy, against an assignee having no insurable interest, to recover the proceeds of the policy paid in full to the defendant, the latter set up an outstanding title to one third of the fund in a third person as an assignee having an insurable interest:</p> <p>1. Such third person, testifying on the trial, averring a surrender to the plaintiff prior to the assignment to the defendant, and disclaiming all interest in the fund, the defendant was not entitled to set up sueh alleged outstanding interest as a defence pro tanto: the act of March 14, 1873, P. L. 46, was inapplicable.</p> <p>2. Nor had the defendant the right to set up title to another interest in the fund in a fourth person, without an insurable interest, to whom, being jointly interested with the defendant in the assignment of the policy, the latter had paid one third of the amount received by him, before suit brought.</p>