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5 Brief Case 1 (1930-1931)

handle is hein.journals/briecas5 and id is 1 raw text is: SE VOL V DETROIT, MICH., NOVEMBER, 1930 NO. 1 Editor's Note: The article appear- ing below is the first installment of a treatise prepared by Judge Fred H. Aldrich. The staff feels prwleged in printing same, feeling that it is of in- finite value to the law student as well as the practitioner. Nature of a Contract of Assignment. Stated in a general way the insured may assign whatever interest he may have in the policy. If the insurance is payable to the estate of the insured, then he has the undoubted right to make an absolute assignment of his policy. If the insurance is made payable tc some other person than the insured, without the reserved right to change the beneficiary, the courts have held in some instances that an as- signnient by the insured without the con- rent of the beneficiary would be void. The Georgia Supreme Court, in Mer- chant's Batik et al v. Garrard, 124 S. E. 175, held that: -\'here a policy of life insurance d.es not provide for a change of bene- ficiary. the general rule is that the pol- icy or the money to become due under it, vests immediately in the person named as beneficiary, and that this in- terest being vested cannot be trans- ferred to any other person without the consent cf the named beneficiary. In Ellison et al v. Straw et al, 116 Wis- consin 208. the court held that: A married woman is under an ab- solute disability to part with her bene- ficiary interest by assignment. Her hus- band or person paying the premium is under a like disability to disturb her rights by assigning the policy or chang- ing the beneficiary therein, or disposing of the policy by will, and creditors generally are as completely debarred from resorting to the policy for the payment of their claims. (See- also Perry v. Tweedy, 128 Ga.- 412, 75 S. E. 782; Arnold v. Empire Life, 60 S. E. 470; Ferguson v. Phoenix Mutual Life, 84 Vt. 350; Washington Life v. Berwald, 97 Texas ill.) However, the courts have sometimes held in such cases that each party has a certain interest in the policy which may be assigned. The beneficiary having the right to assign his beneficial interest, and the policyholder to assign such rights as would belong to him in case he should oullive the. beneficiary. Where the insurance is made payable to sone person other than the insured, with the right to change the beneficiary, there is a great conflict of authority as to the right! of the parties in relation to assign- ients. The conflict arises quite largely ever the question as to whether the bene- Judge Fred -H. Aldrich ficiary has a vested interest that may be divested by a change of beneficiary, or if the interest is simply a mere expect- ancy which becomes effective only upon the death of the insured. Where it is held that the beneficiary has a vested in- terest the courts have held that he has a sufficient interest in the policy to give him the right to require that the act of any other party which will affect his interest shall be done substantially in accordance with the provisions of the policy. This proposition is sustained by many author- ities, but even in cases where the court has held that the beneficiary has an interest that cannot be divested, except in the man- ner provided in the policy, it has been held that the insured may assign his rights sep- arately, consisting of the duties of paying (Continued on Page 4) Surrender of a Policy of Insurance by an Assignee By JUDGE FRED H. ALDRICH, Professor of Common Law Pleading and Mortgages. I NEW D. C. L. BUILDING TO BE A REALITY Board Takes Action to Erect Law Building. The favorite Detroit College of Law student cry-When are 'we going to get a new building?-will soon fall into the din and distant past as a result of ac- tion taken by the Board of Trustees of the Detroit College of Law, who recently definitely announced that the law college will have a new building to be ready for occupancy in September, 1931, providing the plans as now made are capable of being fulfilled by next fall. The structure, as contemplated, will be built on the parking lot next to the present D. C. L..edifice and will cover a ground space of 7200 square feet. When completed the building will be approxi- niately eight stories in height, and 'will have two entrances, one a large lobby entrance and the other an entrance for D. C. .L. students exclusively. A placque bearing the riame Detroit College of Law will be over one of the entrances. Occupancy of the first four floors will 'be devoted to the law college and given over to class rooms, offices, library, prac- tice court-room, faculty quarters, a room for the Brief Case- and Forum and such quarters as will be found neces- sary. Dormitories will occupy the space above the fourth floor, with first pref- erence being given to law students for the use of same. A grill, lockers and showers are to be part of the basement equipment. The practice court-room will rank with the finest and most modern to be found in any law school in the country, and will be a replica of one of Detroit's ideal court-rooms in dimensions and equipment. The library in the new- school will be a study rooni that will be large, well de- signed, and well equipped, and whii, without a doubt, will serve with sati,- faction the needs and requirements of all students of the law college. Taking everything into consideration, the future home of D. C. L. will be a fine building of which everyone using it may well be proud. The Brief Case will endeavor to se- cure additional information in the future concerning the new home of the Detroit College of Law, and as soon as this in- formation is available publication will be made of the facts gathered in subsequent issues.

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