Baldwin v. Haydon

• Decision Date: 12 November 1902
• Parties: BALDWIN v. HAYDON et al.
• Court: Kentucky Court of Appeals

70 S.W. 300

BALDWIN v. HAYDON et al.

Court of Appeals of Kentucky.

November 12, 1902

Appeal from circuit court, Nelson county.

"Not to be officially reported."

Action by Benjamin Johnson against Alvin B. Baldwin and J. P. and Marie A. Haydon to determine the right to the proceeds of an insurance policy. From a judgment in favor of the Haydons Baldwin appeals. Affirmed.

Nat W Halstead and Pirtle & Trabue, for appellant.

Jno. S Kelley, Geo. S. & John A. Fulton, and Eli H. Brown, Jr., for appellees.

HOBSON J.

On March 6, 1897, the Connecticut Mutual Life Insurance Company issued to Emma W. Haydon a policy insuring her life in the sum of $2,000, in consideration of an annual premium of $103.08. By the terms of the policy the $2,000 was to be paid to "John and Marie A. Haydon, children of the said insured, or their executors, administrators, or assigns." On March 27, 1897, Mrs. Haydon and her two children assigned the policy to appellant, A. B. Baldwin. After this, in March, 1901, Mrs. Haydon died; and, there being a controversy between her children and Baldwin as to their rights in the amount due under the policy, the company paid it, by their consent, to Ben Johnson, as stakeholder who filed this action against them for a judgment determining their rights. The children of Mrs. Haydon filed an answer, claiming the entire fund. The appellant, Baldwin, also filed an answer, claiming the entire fund by virtue of the assignment of the policy to him. He alleged that the policy was assigned to him "in consideration of his having paid the premium and other moneys advanced to said parties signing said instrument." He filed with his answer a bill of particulars of the amount so paid, footing up $707.74. The circuit court adjudged the children entitled to the proceeds of the policy, over and above the amounts paid by Baldwin. In other words, it refused to adjudge him the owner of the policy by virtue of its assignment, and adjudged him only a lien for the money he had paid, with interest. From this judgment he appeals.

It is conceded by appellant's counsel that the judgment complained of follows Basye v. Adams, 81 Ky. 368; Weigelman v. Bronger, 96 Ky. 132, 28 S.W. 334; Caudell v. Woodward, 96 Ky. 646, 29 S.W. 614; Beard v. Sharp, 100 Ky. 606, 38 S.W. 1057; but it is earnestly insisted that the question was not really presented to the court in any of those cases, and that what was said is only dictum. It is also conceded that the same rule has been laid down in Indiana, Kansas, Alabama, and Virginia, and that it is indorsed by the editor of the American State Reports ( Insurance Co. v. Hazlewood [Tex. Sup.] 16 Am. St. Rep. 906, note [s. c. 12 S.W. 621, 7 L. R. A. 217]) as the better rule and supported by the better reasoning; but it is insisted that the great weight of authority is the other way (13 Eng. Ruling Cas. 397, note), and that the court should reconsider the question.

The assignment under which appellant claims is in these words:

"Bardstown, Ky. March 27, 1897. We hereby assign policy No. 219,478, on the life of Mrs. Emma W. Haydon, in the Conn. Mutual Life Insurance Company, of Hartford, Conn., to Alvin B. Baldwin, of Bardstown, Kentucky, or his legal representatives or assignees, in consideration of his having paid the premiums, and other moneys advanced to us. Mrs. Emma W. Haydon. John Pollen Haydon. Marie Antoinette Haydon."

The bill of particulars filed by appellant with his answer is as follows:

Statement of money advanced to Mrs. E. W. Haydon, John Pollen Haydon, and Marie Antoinette Haydon, and premiums paid:

Dec. 23, 1893, $20.00; April 4, 1894, $20.00; Mch. 16, 1893, $15.00 ..	$ 55 00
Apr. 26, 1893, $15.00; May 29, $15.00; Apr. 14, 1894, $20.00 .........	50 00
1896, Jan'y 27, $10.00; Feb'y 7, $5.00; Mch. 14, $5.00 ...............	25 00
1897, premium of insurance, $103.08; 1898, Mch. 1, $95.78 ............	198 86
Mch. 4, 1899, premium on insurance, $93.54 ...........................	93 54
Apr. 15, $15.00; Aug. 16, $5.00; Mch. 2, 1900, premium, $91.30 .......	146 30
Mch. 10,

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