Reid v. Durboraw

• Decision Date: 01 February 1921
• Docket Number: 1821.
• Citation: 272 F. 99
• Parties: REID v. DURBORAW.
• Court: U.S. Court of Appeals — Fourth Circuit

272 F. 99

REID v. DURBORAW.

No. 1821.

United States Court of Appeals, Fourth Circuit.

February 1, 1921

Louis J. Burger, of Baltimore, Md., and McKinley Pritchard, of Asheville, N.C. (Hinkley, Hisky & Burger, of Baltimore, Md and Albert J. Long, of Hagerstown, Md., on the brief), for appellant.

Joseph Packard and A. Morris Tyson, both of Baltimore, Md., for appellee.

Before KNAPP and WOODS, Circuit Judges, and WEBB, District Judge.

WOODS Circuit Judge.

We adopt the following clear statement of facts made by the District Judge:

'On July 31, 1915, the New England Mutual Life Insurance Company, hereinafter called the 'company,' issued a policy for $5,000 to Raymond H. Durboraw. As he was then unmarried, it was made payable to his sister, Katherine Reid; but he reserved the right to change the beneficiary when and as often as he saw fit, by filing at the company's home office a written request for such change, to take effect only when endorsed by the company on the policy. Nearly three years later, he wrote to the agent through whom he had effected the insurance that he had married five days before, and wanted his policy to at once be made payable to his wife, so as to take effect 'to-day, June 16, 1918,' adding, 'I put this in this way, so that if I should go before the change is recorded this letter will be evidence of my desire in the matter.' He gave his wife's name, and asked if this was sufficient information, or if any other step was necessary.

'The agent had some time before left the employ of the company and on the 21st day of June he sent Durboraw's letter to the general agent of the company at Des Moines, Iowa, and on the same day wrote the insured: 'In regard to the change in beneficiary, I am sending your letter to headquarters, so that your wish will be made effective at once. The proper blank will be sent to you for your signature. This blank, together with your policy, will be sent to the home office, where the change of beneficiary will be endorsed on it. This will be done without expense to you.'

'On the 28th of June, the company's general agent at Des Moines wrote to the insured that he had been advised that he desired to change the beneficiary, and inclosed blanks for the purpose, which he told the insured to sign, date, and have witnessed, and return with the policy, adding that the desired change would be then made. When this letter was received, both the insured and his wife were at Moorhead, Minn., teaching in a summer school. After the school closed, they had planned to go to Hinsdale, Mass., for a month or more, and after that to locate in New York City, where both expected to take courses at Columbia University.

'It so happened that the blanks and policy got into baggage that they put in storage, and in consequence were inaccessible until fall. On the 22d day of August, the insured, in sending from Hinsdale his annual premium, stated: 'I shall be unable to send you the blanks concerning change in beneficiary of said policy for some weeks yet. I trust the delay will be of no particular consequence. I will be able to send it soon after September 1st.'

'On the 23d of September, the insured executed the two duplicate forms of notice of change of beneficiary, in the presence of one George W. Metcalf, who duly witnessed the same. Shortly before that time the insured and his wife had begun housekeeping in an apartment in New York City. They both entered Columbia. For some hours every day he was engaged in teaching, and during others in studying. They had their new home to fit up. They had a succession of guests, and were very busy. It may...