Foley v. McMahon

Citations

• 73 Ill. 66

Syllabus

<p>Insurance—when a provision for a third party. Where a person had been engaged as a clerk in his uncle’s store for many years, and for several years after becoming of age, for which he had received no wages, and the uncle procured a policy of insurance on the life of a friend, in the sum of §3000, and had the same made payable to Ms nephew, and also procured a similar policy on Ms own life, payable to the nephew, and, on the death of the friend, handed the policy to the nephew, who procured the money thereon, which he deposited with the uncle for safe keeping: Held, in an action by the nephew against the uncle for the money, that, from the facts, it would be presumed that the latter intended to make a provision for the benefit of his nephew, and that the plaintiff was entitled to recover the same, unless such presumption should be overcome by clear evidence to the contrary.</p>