Redden v. Prudential Life Ins. Co.

• Decision Date: 11 January 1935
• Docket Number: 30079.
• Citation: 258 N.W. 300,193 Minn. 228
• Parties: REDDEN v. PRUDENTIAL LIFE INS. CO.
• Court: Minnesota Supreme Court

258 N.W. 300

193 Minn. 228

REDDEN v. PRUDENTIAL LIFE INS. CO.

No. 30079.

Supreme Court of Minnesota.

January 11, 1935

Appeal from District Court, Waseca County; Fred W. Senn, Judge.

Action by David Redden against the Prudential Life Insurance Company. From an adverse judgment, defendant appeals.

Affirmed.

Syllabus by the Court .

1. The evidence sustains the finding that the father of plaintiff for value gave and assigned to plaintiff a life insurance policy issued by defendant to the father.

2. The trial proceeded as if defendant had satisfactory proofs of death and that the amount of the policy was due and payable to some one.

3. The finding is sustained that defendant had full knowledge of plaintiff's claim, before a judgment in a suit on the policy was rendered in a Wisconsin court against defendant and in favor of the administratrix of the father's estate and before it paid such judgment.

4. The payment of such judgment was no defense to this action brought before the rendition of the Wisconsin judgment plaintiff not being a party in the Wisconsin suit.

Oppenheimer, Dickson, Hodgson, Brown & Donnelly and George W. Jansen, all of St. Paul, and Gallagher, Madden & Gallagher, of Waseca, for appellant.

H. H Sturner, of Waseca, for respondent.

HOLT Justice.

Defendant appeals from the judgment. The action was to recover on a life insurance policy issued and delivered by defendant to plaintiff's father, Albert Redden, payable to his executor or administrator. Plaintiff claims that his father for a valuable consideration assigned and delivered this policy to plaintiff. Defendant denies this, and as defense sets up that one Rhoda Bunn was duly appointed administratrix of the estate of Albert Redden, deceased; that she brought this suit on the policy in the state of Wisconsin, against this defendant, and obtained a judgment which defendant has satisfied and paid. There were findings in favor of plaintiff upon which the judgment appealed from was entered.

The assignments of error challenge the several findings of fact as not being sustained by the evidence, and the conclusions of law as not justified by the findings of fact. As we view the record the only finding of fact at all subject to attack is this: ‘ That in the fall of 1928, for a valuable consideration to him paid, said Albert Redden duly gave and assigned to his son, this plaintiff, all his right, title and interest in and to said policy of insurance and plaintiff has been in possession of said policy ever since.’ If that finding of fact is supported by the evidence, then the attack upon this conclusion of law is not justified: ‘ That said policy of insurance was duly assigned and delivered to said plaintiff for a good and valuable consideration and that thereby all the right and interest of said Albert Redden deceased, passed to this plaintiff, who is justly entitled to the proceeds of said policy upon the death of said Albert Redden when plaintiff made proof of his said claim to said defendant.’ The evidence was this, in short: That Albert Redden, the insured, had lived and worked in Faribault. He was past 70, was out of work, and had no means when, in 1928, plaintiff, who lived in Waseca, went to Faribault and brought the insured to plaintiff's home, where he lived in the family for nearly a year; that the insured was unable to obtain work; that plaintiff and his family were destitute and about to need public aid; that the insured and plaintiff talked over the situation in presence of plaintiff's wife and children; that the insured spoke of this insurance policy and stated to plaintiff that he should have it when the insured died and gave him the key to a rented safe deposit box in a bank at Faribault, and the ‘ passbook’ in which defendant entered the weekly premium, collected by it on the policy; and that the policy there remained until after the death of the insured, when plaintiff at the request of defendant's agent went to the bank, and, with the key received from the insured, opened the safe deposit box, and took therefrom the policy, gave the same to defendant's agent, and received from him a receipt reading: ‘ 4/25/32. Received in the offices of the Citizens National Bank in the presence of David Redden and John McLoone, one insurance policy No. 56,806,527. It is hereby understood that I am holding this policy for safe keeping only and am holding same until it is determined to whom said policy shall be paid. Receipt of copy of this agreement is hereby acknowledged by David Redden. John McLoone. [Signed] O. G. Schamber. David Redden.’ It does not appear that there was any paper in the safe deposit box, other than this policy. Nor does it appear that the insured had any key that could give him access to the policy. Plaintiff testified that the key, the ‘ passbook,’ and the rent receipts for the safe deposit box were all in his possession continuously from the time his father delivered the same to him until he gave the policy to de...