FREE BOOKS

Author's List




PREV.   NEXT  
|<   121   122   123   124   125   126   127   128   129   130   131   132   133   134   135   136   137   138   139   140   141   142   143   144   145  
146   147   148   149   150   151   152   153   154   155   156   157   158   159   160   161   162   163   164   165   166   167   168   169   170   >>   >|  
escribed, only two others require notice, mandamus and quo warranto. The first of these is used to compel one to do something. A familiar example is that of a city which refuses to pay a judgment that has been rendered against it. The court in this action commands the city to pay, and it must obey unless there exists a legal defense. A quo warranto is the form of legal action to which a person resorts to get possession of an office to which he is entitled, but is denied him. Suppose one is elected mayor of a city, but for some reason or other, the one in possession is determined to keep him out. He would bring this action and a court would then decide whether he was entitled to it or not, and if he were, the court would proceed to put him in possession. In many of the states, especially the newer ones, not all of these different forms of action are used. Only one form, called a complaint, includes most of them. While the substitution of this has simplified the modes of redress, the substance of the complaint really embodies, as before, the different kinds of injuries above explained. =Life Insurance.=--The contract of life insurance is a mutual agreement whereby the insurer agrees on the payment of a fixed sum or premium to pay to a person designated in the policy on the happening of a contingency, usually death, a sum of money. By another form of insurance the insurance may be made payable at a fixed time, or before, should the insured die before that period. The contract to be valid must be for the benefit of one having an insurable interest, otherwise the contract is a wager, which the law condemns. This is sufficient if the person taking the insurance has such an interest arising from his relation to the insured as creditor and surety, or from the ties of blood or marriage that will justify a reasonable expectation of advantage or benefit from the continuation of his life. It is not needful that this expectation or benefit should possess a pecuniary valuation. The mutual legal rights and liabilities of father and minor child are sufficient to create an insurable interest on the part of each in the life of the other; also the relationship of brother and sister, and that of husband and wife. Likewise a man and a woman who are engaged to be married; and a creditor has an insurable interest in the life of his debtor. And this interest covers not only the amount of the indebtedness, but also future advances, and
PREV.   NEXT  
|<   121   122   123   124   125   126   127   128   129   130   131   132   133   134   135   136   137   138   139   140   141   142   143   144   145  
146   147   148   149   150   151   152   153   154   155   156   157   158   159   160   161   162   163   164   165   166   167   168   169   170   >>   >|  



Top keywords:

interest

 
insurance
 

action

 

benefit

 

possession

 

person

 
insurable
 
contract
 

insured

 

sufficient


creditor

 

entitled

 

complaint

 

expectation

 

warranto

 
mutual
 

condemns

 
taking
 

contingency

 

period


payable

 

happening

 

possess

 
husband
 

Likewise

 

sister

 

brother

 

relationship

 
amount
 

indebtedness


future

 

advances

 
covers
 

engaged

 

married

 

debtor

 
create
 
justify
 

reasonable

 

advantage


marriage
 

relation

 

surety

 

continuation

 

liabilities

 

father

 

rights

 
valuation
 

needful

 
policy