Velten v. Western & Southern Life Ins. Co.
| Decision Date | 19 October 1934 |
| Citation | 256 Ky. 271,75 S.W.2d 1035 |
| Parties | VELTEN et al. v. WESTERN & SOUTHERN LIFE INS. CO. |
| Court | Kentucky Court of Appeals |
Rehearing Denied Dec. 7, 1934.
Appeal from Circuit Court, Campbell County.
Action by Al. P. Velten, individually and as administrator, etc., of Hallie B. Kincord, against the Western & Southern Life Insurance Company. From a judgment dismissing plaintiffs' petition, plaintiffs appeal and defendant moves to dismiss the appeal.
Dismissed in part and affirmed in part.
E. W Hawkins, Jr., and Otto Wolff, both of Newport, for appellants.
Rouse & Price, of Covington, for appellee.
DRURY Commissioner.
Al. P Velten, individually, and Al. P. Velten, as administrator, etc., of Hallie B. Kincord, have appealed from a judgment dismissing their petition.
To start with, we must keep in mind that Mr. Velten individually and as administrator, etc., is two separate and distinct personages as fully as would be Albert Allen and Zadock Zimmerman.
On February 7, 1931, Hallie Kincord executed to the Central Savings Bank & Trust Company of Newport, Ky. a note for $125 upon which Mr. Velten became her surety, and to secure the bank and indemnify the surety, she assigned to them four policies of insurance upon her life issued to her by the appellee, but they failed to give to it then any notice of these assignments.
Upon these policies Mrs. Kincord had to pay weekly premiums aggregating $1.15. Later she defaulted in her premiums and on June 21, 1931, her daughter, Emily Sanhamer, paid the premiums then in arrears, and the insurance was reinstated.
On June 23, 1932, Mrs. Kincord died and on the next day Mr. Wolff of the Central Savings & Trust Company called Mr. Simpson appellee's manager in the Newport district, and told him the bank held these policies.
Mr. Simpson told him he would send and get these policies, and in a day or so a Mr. Shafer, an agent of appellee, called and these policies and the assignments of them were delivered to him, and Shafer assured the bank its note would be paid. In about a week Mr. Wolff called the appellee and was assured by it, "It will be a little while, but the money will come all right, check will be sent to the bank." In a few more days Mr. Wolff called appellee again and received similar assurance and was told, "The check will come payable to you and Emily Sanhamer."
In about a month Mr. Simpson, manager of appellee's Newport office,...
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Hill's Estate, In re
...capacity as administratrix is a stranger to any of the rights or duties she may possess as an individual. Velten v. Western & Southern Life Ins. Co., 256 Ky. 271, 75 S.W.2d 1035(1); Pardee v. Mutual Ben. Life Ins. Co., 238 App.Div. 294, 265 N.Y.S. 837, 840(2); 34 C.J.S. Executors and Admini......
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Krumphorn v. John Hancock Mut. Life Ins. Co.
... ... Metropolitan Life Insurance Company, 63 Mo.App. 404; ... Velten et al. v. Western & Southern Life Insurance ... Company, 256 Ky. 271, 75 S.W.2d 1035, are cited ... ...