Saunders v. Armstrong

• Decision Date: 21 March 1901
• Parties: SAUNDERS v. ARMSTRONG et al. [1]
• Court: Kentucky Court of Appeals

61 S.W. 700

SAUNDERS v. ARMSTRONG et al. ^[1]

Court of Appeals of Kentucky.

March 21, 1901

Appeal from circuit court, Franklin County.

"Not to be officially reported."

Action by R. D. Armstrong and L. P. Tarleton against Emma J. Collins and others to enforce a judgment. Judgment awarding to plaintiffs the proceeds of a policy of insurance, and J. F Saunders, trustee of Emma J. Collins, appeals. Affirmed.

Ira Julian, for appellant.

T. L Edelen, for appellee Williams.

D. W Lindsay, for appellee Armstrong.

O'REAR J.

The question involved in this appeal is whether an insurance of a chattel effected by a cestui que trust in her own name and without naming the trustee will, in event of the destruction of the chattel by fire, inure to the benefit of the trustee. In this case Mrs. Emmna J. Collins, a married woman (formerly Miss Emma J. Gowdy), effected an insurance in her own name on a parcel of furniture, including a piano. The piano had been transferred by Mrs. Collins' father, A. F. Gowdy, to appellant, by a writing executed September 4, 1874 containing the following recital: "To have and to hold the same to the said trustee for the use of said Emma J Gowdy under the following conditions, viz. for her natural life; and, if said Emma J. Gowdy should die without issue, the said piano to be given back to said A. Gowdy, or his heirs, if dead. The said trustee to have full power to control the said piano when, in his judgment, it may become necessary." The value of the piano at the time of the insurance and loss was $500, and after the fire creditors of Mrs. Collins sought to subject the insurance fund by attachment. This controversy is between the trustee and the attaching. creditors. Insurance is a personal contact, and appertains to the person called the "insured," and not to the thing which is subject to the risk against which he is protected by the contract of insurance. It is not a contract running with land in case of real estate, nor running with the personalty, so to speak, in the case of a chattel. An insurer generally contracts not alone with reference to the kind and location of property insured, but also with reference to the character and probity of the insured. If the insured has san insurable interest in the property, he may effect an insurance as indemnity to him against loss by fire, or tornado, or other mishaps. That a life tenant, or owner of less than the complete title, may...