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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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