Sebring v. Brickley

Citations

• 7 Pa. Super. 198
• 1898 Pa. Super. LEXIS 268

Syllabus

<p>Insurance — Assignment of policy — Bona fide credilors.</p> <p>Policies of life insurance, bona fide assigned to the wife or children of, or any relative dependent on, such assignor, are vested in such wife or children free and clear from all claims of the creditors of such assignor. Such an assignment is not per se an offense against the statute of 13th Elizabeth, but the bona tides of the transaction may be inquired into.</p> <p>Assignm ent of policy — Bona fides— Question for j ury.</p> <p>An assignment by a father who was insolvent of the beneficial interest in policies of insurance on his wife’s life, to his son, does not, because of such insolvency, establish such a condition of fraud or lack of bona fidesin the assignment as will justify binding instructions to the jury, especially when there was evidence tending to show indebtedness by the father to the son ; the question of tlie bona tides of and consideration for the assignment was for the jury under proper instructions as to what constituted good faith in such assignment.</p> <p>Fraud — Allegation thereof — Proof.</p> <p>It is incumbent upon a party alleging fraud to prove the same by clear and satisfactory evidence, either by direct proof or by facts sufficient to warrant a presumption of its existence.</p>