United States Life Insurance v. Ludwig

Citations

• 103 Ill. 305
• 1882 Ill. LEXIS 175

Syllabus

<p>1. Party—plaintiff—on policy of insurance assigned. Policies of insurance are but choses in action, and governed by the same principles applicable to choses in action in general. They are assignable in equity only, and in this State courts of law will not recognize the assignment so as to allow the assignee to sue on the policy in his own name.</p> <p>2. The payment of a premium on a policy of life insurance by the assured, after an assignment to his children, for them, when the policy is to him and in his name, or even a payment by the assignees, when no new undertaking or promise is made to them, will not authorize a recovery in the names of the assignees, even under the common counts. The suit must be brought in the name of the party having the legal interest, though it may be for the use of the party having an equitable interest.</p>