Sullivan v. Sullivan

Citations

• 99 Cal. 187
• 33 P. 862
• 1893 Cal. LEXIS 634

Syllabus

<p>Insurance—Liability of Beneficiary fob Debt of Insobed—Advances upon Policy—Statute of Limitations.—The wife named as beneficiary in a policy of insurance upon the life of her husband is under no obligation to pay a debt of her husband to his brother for advances made on account of the policy, for which she had never before been liable as principal or surety, even thougli such debt had not been barred by the statute of limitations, and surely not after the debt had been so barred.</p> <p>Id. — Promise of Beneficiary—Want of Consideration—Money Had and Received__A promise by the wife as beneficiary of such policy to pay out of the proceeds of the policy the debt of her insured husband to his brother, after such debt had become barred by the statute of limitations, made to the executor of the deceased brother in consideration of a promise by such executor to deliver to her the policy, which it was his duty to do upon demand, without compensation, is without legal consideration to support it, and can lay no foundation for an obligation on her part to pay the debt, and she is not liable to an action for money had and received to the amount of the debt, after having collected the full amount of the policy.</p> <p>Id. — Contract —Performance of Duty No Consideration. —Neither a promise to perform a duty, nor the performance of a duty, constitu.es a consideration of a contract.</p>