Joseph Neale, Executor of William Neale, v Molineux and Others
| Jurisdiction | England & Wales |
| Judgment Date | 06 November 1847 |
| Date | 06 November 1847 |
| Court | High Court |
English Reports Citation: 175 E.R. 281
QUEEN'S BENCH, COMMON PLEAS AND EXCHEQUER
[672] court of queen's bench. Second Sitting at Westminster m Michaelmas Term, 1847, before Mr Justice Patteson. Nov 6th, 1847. joseph neale, executor of william neale, v molineux and others (In detinue by the executor of N against M., a banker, for a policy of insurance on the life of S , M pleaded that the policy was not the property of N , and also that N. had fraudulently permitted S. to hold the policy and represent that he was entitled to the money secured by it, and that he did so represent to M., who lent him money on it Replication, denying the fraudulent permission-S. had insured his own life in 1831, and by deed assigned the policy to N in 1832, who gave notice of the assignment to the office, and paid all the premiums afterward S. retained the policy till he deposited it with M on a loan of money in 1843 .- Held, first, that the property in the policy passed to N. by the deed of 1831, although he had no possession of the policy , and, secondly, that, though N. had been guilty of negligence in allowing S. to retain the policy, the defendant had not proved his special plea, unless the jury were satisfied that N intended that S should borrow money of some one, and left the policy in S 's hands m order that he might cheat some one by borrowing money on it; and the judge would not ask the jury what they would have found if the word " fraudulently " had not been inserted in the plea ) Detinue by the plaintiff, as executor of William Neale, for " a certain instrument in writing, to wit, a certain policy of assurance, bearing date, to wit, on the 5th day of March, a.d 1831, and numbered, to wit, 3466, under the hands of three of the directors of the Law Life Assurance Society, London, whereby the sum of £1000, on certain events therein mentioned happening, was assured to one Thomas Scott, clerk, to be paid to his executors, administrators, or assigns, to wit, within three calendar months after proof of the death of him the said Thomas Scott, clerk, of great value, to wit, of the value of £2000 " Pleas, first, non detinent; second, " that the said William Neale was not lawfully possessed as of his own property of the said policy of assurance, in manner and form," &c ; third, that William Neale in his lifetime fraudulently permitted and suffered Thomas Scott to hold the policy of assurance and to represent that he was entitled to the money secured thereby, and that he so represented to the defend-[673]-ants, and that they believing him, and having no notice of any right or title of William Neale...
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