New York Life Insurance v. Jack

Citations

• 76 Miss. 788

Syllabus

<p>1. Parties. Policy of insu/rance.</p> <p>If an insurance policy be payable to the executors, administrators or assigns of the insured, and be assigned by him in his lifetime, his widow and sole heir is not a proper party co-plaintiff with the assignee of the policy in a suit at law thereon.</p> <p>2. Same.</p> <p>Even if, in such case, the widow have an agreement with the assignee of the policy for a division of its proceeds, still she is not a proper plaintiff in a suit at law on the policy.</p> <p>3. Defenses. Delusive pleading.</p> <p>A plaintiff against whom a defense of fraud exists cannot shut out proof thereof by joining an innocent party as co-plaintiff with himself.</p> <p>4. Evidence. Declarations against interest.</p> <p>If a plaintiff hold several insurance policies, including the one in suit, and make declarations touching his right to all of them, his statements against his interests are admissible in evidence in a suit on one of the policies, although not specially mentioned in the declaration.</p>