234
THE GREEN BAG
in Davis v. Brown, 159 Ind. 644. The company. The whole transaction between Kansas courts have stated the rule with the beneficiaries and Mrs. Parker contra considerable more emphasis than have those venes public policy and the law leaves the of Indiana. In Missouri Valley Life Ins. parties where it found them. If Mrs. Co. v. Sturges, 18 Kan. 93, suit was brought Parker, before the death of the insured, on a policy for $2000.00 procured by Enoch had demanded from the beneficiaries the Haynes on March 16, 1870, and assigned by money that she had paid for the assign him to Arthur D. Sturges, May 8, 1872. ment, upon the ground that the sale to her The court said: "Hayne's life cost Sturges was void, she could not have recovered. $150.32 each year, without the slightest If the beneficiaries can now recover, they benefit in return, while Hayne's death are doubly benefitted by the questionable would be worth to Sturges $2000.00 without transaction in which they were engaged." the slightest loss or inconvenience whatever. This decision was followed in the case of Now can such a state of things be tolerated Met. L. Ins. Co. v. Elison, 83 Pacific 410. by the laws of any civilized country? Of In Bromley's Adm'r. -r. Washington Life all wagering contracts, those concerning the Ins. Co., 92 S. W. 17, decided by the lives of human beings should receive the Supreme Court of Kentucky, March, 1906. strongest, the most emphatic, and the most it was held that an assignment, to one not persistent condemnation. This is just what having an insurable interest, made in the present insurance policy was, in the accordance with an understanding at the hands of Sturges, a mere wagering contract time the policy was taken out, that such an upon the life of Haynes. And if said assignment would be made, renders the assignment from Haynes to Sturges were policy void both as to assignee and the to be upheld, as valid under the law, it administrator of the insured, notwithstand would be virtually saying that the law ing the fact that the Insurance Company authorizes mere wagering speculations, mere knew of the nature of the transaction and mercenary traffic, concerning human life, never delivered the policy to the insured and it would be opening the door wide, and but held it until the assignee paid the firat inviting to enter the most shocking of all premium and then delivered it to him. The principle which seems to be lost sight human crimes." 18 Kan. 95. Held that the assignee having no insurable interest of by these courts, is that provided there in the life of Haynes, could not recover is an insurable interest at the inception of because the court would not lend its aid to the policy it need not continue throughout enforce a gambling transaction. its life. This may be considered a well In Missouri Valley Life Ins. Co. v. McCrum, settled principle as it has been followed in 36 Kan. 146, the court went a step further England since it was enunciated in Dalby and decided that where a policy had been v. India, and London Life Ass. Co., 15 C. B. once assigned to one having no insurable 365. In this case life insurance was dis interest and afterward reassigned to the tinguished from other forms of insurance in original lawful beneficiary, said beneficiary which the insurable interest had to be con could not collect from the insurance com tinuous. The distinction was approved in pany. The court said: "The law does not Law v. London Indisputable Life Policy Co.. tolerate attempted frauds any more than i Kay & J. 223. In this country the Eng it does those that are consummated. In lish rule has been followed by the Supreme making the transfer and assignment, and Court of the United States in Connecticut in receiving the money therefor, the bene Mut. Life Ins. Co. r. Schaeffer, 94 U. S. 457, ficiaries were participants with Mrs. Parker and by our state courts in Rawls v. Ins. Co., in the attempted fraud on the insurance 27 N. Y 282, Corson's Appeal, 113 Pa. 438:
