Voss v. Connecticut Mut. Life Ins. Co.

• Decision Date: 03 January 1899
• Citation: 77 N.W. 697,119 Mich. 161
• Court: Michigan Supreme Court
• Parties: VOSS ET AL. v. CONNECTICUT MUT. LIFE INS. CO.

77 N.W. 697

119 Mich. 161

VOSS ET AL. v. CONNECTICUT MUT. LIFE INS. CO.

Supreme Court of Michigan

January 3, 1899

Error to circuit court, Wayne county; George S. Hosmer, Judge.

Action by Anna Voss and others against the Connecticut Mutual Life Insurance Company. There was a judgment for defendant, and plaintiffs bring error. Affirmed.

John G Hawley, for appellants.

Moore &amp Goff, for appellee.

LONG J.

This is an action on a life insurance policy issued by the defendant company to George Engelking, and payable to Katharina Engelking as beneficiary. The declaration recites: "For that whereas, the said Anna Voss is the widow of George Voss, deceased, and the said other plaintiffs are children and heirs of the said George Voss; and whereas, the said George Voss was in his lifetime one of the two children of Katharina Engelking, deceased; and whereas, the said Katharina Engelking was in her lifetime the wife of George Engelking; and whereas, heretofore, to wit, on the 22d day of December, A. D. 1886, at the city of Pittsburg, in the state of Pennsylvania, the said defendant, for good and sufficient consideration to it in hand paid by the said George Engelking, did make, execute, and deliver to the said George Engelking its certain policy of insurance, wherein and whereby the said defendant expressly promised and agreed to and with the said George Engelking that, upon the death of the said George Engelking, the said defendant would pay to the said Katharina Engelking, or, in the event of her prior decease, to her children, the sum of five thousand dollars and thereupon, afterwards, to wit, on the 27th day of December, 1878, the said sum so payable was, by the mutual consent of the parties, reduced to three thousand dollars, the said policy in all other respects remaining in full force; and thereafter, to wit, on the 23d day of December, 1882, the said sum so payable was, by mutual consent of the parties, further reduced to the sum of two thousand five hundred dollars, the said policy in all other respects remaining in full force; and thereupon, afterwards, to wit, on the 31st day of December, 1883, the said sum so payable was, by the mutual consent of the parties, further reduced to the sum of two thousand dollars, the said policy in all other respects remaining in full force; and thereupon, afterwards, to wit, on the 22d day of December, 1885, the said sum so payable was, by the mutual consent of the parties, further reduced to the sum of fifteen hundred dollars, the said policy in all other respects remaining in full force; and whereas, then and there, to wit, at Pittsburg, on December 22, 1866, the said George Voss and Joseph Engelking were the children, and the only children, of said Katharina Engelking; and whereas, afterwards, to wit, on the 1st day of April, A. D. 1887, at the said city of Pittsburg, the said Katharina Engelking died, the said George Engelking still living; and whereas, afterwards, to wit, on the 1st day of May, A. D. 1888, the said George Engelking died at the said city of Pittsburg, the said policy of insurance being then in full force, leaving surviving the said plaintiffs and said Joseph Engelking, the said George Voss and the said Joseph Engelking being the persons named in said policy of insurance as the children of said Katharina Engelking; and whereas, the said George Voss died, to wit, at the city of Detroit, on the 8th day of June, A. D. 1880, leaving, him surviving, the plaintiffs in this suit, his widow and children, as hereinbefore recited; and thereupon, afterwards, to wit, on the 4th day of January, A. D. 1897, the said defendant, in consideration of the premises, undertook and faithfully promised the said plaintiffs to pay them, the said plaintiffs, the sum of seven hundred and fifty dollars, one-half of the sum secured by the said policy of insurance, whenever thereafter requested so to do, yet the said defendant has not, although often requested so to do, paid to the said plaintiffs the said sum of money, or any part thereof; to the damage of the said plaintiffs," etc. A demurrer was interposed to this declaration, and the demurrer sustained in the court below. Plaintiffs bring error.

Inasmuch as the policy sued upon is contained in the record, and is treated by counsel in their briefs as a part of the declaration, we quote from its provisions. It is recited therein that the insurance company does "hereby insure the life of George Engelking," etc., "for the time of his natural life, in the sum of fifteen hundred dollars for the sole use and benefit of Katharina Engelking, wife of said insured; the said sum insured to be paid at the office of this company, in Hartford, Connecticut, to the said assured, or her legal representatives, within ninety days after due notice and satisfactory evidence of the death of said insured during the continuance of this policy; or, if the said assured be not then living, the said sum insured shall be payable as above to her children, or to their guardian, if under age," etc. It appears from the declaration that George Voss, one of the alleged children of Katharina Engelking, the beneficiary, died in 1880, and that his mother, Katharina Engelking, died April 1, 1887, nearly seven years afterwards. Defendant's contention is that, as this contract of insurance (when it was reduced to $1,500, and a new policy issued, dated December 22, 1885) was made after the death of George Voss, therefore no money could be payable to these plaintiffs, the widow and children of George Voss, unless the word "children" should be construed to mean grandchildren. There might be some reason for this contention if the contract of insurance had been made originally in 1885; but, on the contrary, the contract was made December 22, 1866. George Voss was then living. The contract...