Germ. L. Ins. v. Brown

Citations

• 125 Pa. 303
• 17 A. 419
• 1889 Pa. LEXIS 716

Syllabus

<p>(«) A New York insurance company issued a policy upon the life of a citizen of Pennsylvania, payable to the wife of the assured, for her sole use, but providing that in case of her death before the decease of the assured, the amount of the insurance should be payable to her children.</p> <p>(6) The assured and his wife joined in an assignment of'the policy, and afterward the wife died, leaving the assured and seven children to survive her: on the death of the assured an interpleader was instituted to determine the right to the insurance money.</p> <p>1. In such case, the death of the wife in the lifetime of her husband extinguished her interest in the policy; her assignment put her assignee in no better position than she occupied herself at the time, and the proceeds of the policy were payable to hei children.</p> <p>2. The foreign company having paid the fund in controversy into the court of the common domicil of the claimants, for adjudication, the question depended not upon whether the lex fori or the lex loci should prevail, but upon the construction of the policy itself under which the parties claimed.</p>