Hodson against The Observer Life Assurance Society
| Jurisdiction | England & Wales |
| Judgment Date | 23 June 1857 |
| Date | 23 June 1857 |
| Court | Court of the Queen's Bench |
English Reports Citation: 120 E.R. 15
IN THE COURT OF QUEEN'S BENCH AND EXCHEQUER CHAMBER
S. C. 26 L. J. Q. B. 303; 3 Jur N. S. 1125.
[40] hodson against the observer life assurance society. Tuesday, June 23d, 1857. Under stat. 14 G. 3, c. 48, s. 2, in every policy on the life of another, whether a fcon fide, or a gaming, or wager, policy, the name of the person interested in such policy must be inserted therein at the time of making, as that of the person interested; otherwise the policy is void. [S. C. 26 L. J. Q. B. 303; 3 Jur. N. S. 1125.] Declaration stated that, by a certain policy of insurance, signed and sealed on behalf of the Society as provided by stat. 7 & 8 Viet. c. 110, after reciting that plaintiff was desirous and had proposed to effect an insurance with the defendants for 15001. on the life of Charlotte Weir for the whole continuance thereof, and had caused to be delivered into the office of the defendants a declaration &c. (setting out the material parts of a policy in the form used by the Society on the life of Charlotte Weir, for 15001.), and had paid the premium for one year, it was by the said policy witnessed &c. Averment t " that the said policy was in fact effected and made for the use and benefit, and on account, of the said Charlotte Weir; whereof the defendants, before and at the time of making of the said policy, had notice:" that the said Charlotte Weir afterwards died : and that all things had been performed and happened to entitle plaintiff to sue for and recover the said 15001. Breach : non-payment. Fourth plea: "That the name of the said Charlotte Weir was not inserted in the said policy as a person for whose use or benefit or on whose account such policy was made; but the said policy waa and is in the words and figures following, that is to 16 HODSON V. THE OBSERVER LIFE ASSURANCE SOCIETY aBL-ftBL. 41. say: 'Life of another with profits. Observer Life Assurance Society. Offices, [41] 70, Cheapside, London. Policy, No. 18. Sura assured, 15001. Premium, 421. 2s. 6d., payable yearly. Whereas James Hodson, junior, of' &c., ' alleging himself to be interested in the life of Charlotte Weir, of &c., 'is desirous and hath proposed to effect an assurance with The Observer Life Assurance Society in the sum of 15001. upon the life of the said Charlotte Weir for the whole continuance thereof, and hath caused to be delivered into the office of the said Society a declaration' &c."...
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