Gilman v. Curtis

Citations

• 2 Cal. Unrep. 274
• 3 P. 114
• 1884 Cal. LEXIS 772

Syllabus

<p>Life Insurance—Assignment—Suit for Reassignment.—Where a plaintiff, while owner of a policy of life insurance, has assigned the the same to the defendant, to secure advances made such defendant, and afterward sues for a reassignment of the policy in order to collect it from the insurance company, the court should not adjudge the plaintiff the owner of the policy and entitled to receive the whole amount from the company, for the interest of the plaintiff is only what remains after the advances have been satisfied. The defendant has the legal title, and cannot be made to surrender it until his advances have been paid.</p>