Re Slattery

• Jurisdiction: Ireland
• Judge: Pim J.
• Judgment Date: 19 January 1917
• Court: High Court
• Date: 19 January 1917

In The Matter of John Slattery.

Pim J.

CASES

DETERMINED BY

THE KING'S BENCH DIVISION

OF

THE HIGH COURT OF JUSTICE IN IRELAND,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL,

AND BY

THE COURT FOR CROWN CASES RESERVED.

1917.

Policy of Insurance — Policy taken out and Premiums paid in the name of Another — Resulting Trust.

A Policy of insurance was taken out by L. in the name of and on the life of J. L. paid the premiums, and retained possession of the policy, and dealt with it as his own property, J. never making any claim thereto. J. afterwards was adjudicated a bankrupt, and subsequently died.

Held, that the policy moneys were payable to L., and not to J.'s assignees in bankruptcy.

Claim In Bankruptcy against proceeds of an insurance policy taken out and held in the bankrupt's name.

The following facts were found by Pim J. in his judgment:—1. Lawrence Slattery took out a policy of insurance for £600 in the Royal Insurance Company in the name and on the life of his brother John Slattery to mature on John Slattery attaining the age of fifty years or at his previous death. 2. Lawrence Slattery kept the policy himself from the time when it was taken out until it was mortgaged to the National Provincial Bank of England to secure Lawrence Slattery's liabilities. 3. Lawrence Slattery paid the premiums himself each year as they fell due, and John Slattery at no time had possession of the policy and never paid any premiums thereon. 4. John Slattery assigned the policy to the bank by the direction and at the request of Lawrence Slattery, and to secure Lawrence Slattery's debt. 5. The policy was taken out in the name of John Slattery because Lawrence Slattery had no insurable interest in John's life, and for the purpose of avoiding the Gambling Act of 1774. 6. John Slattery at no time had any interest in the policy, nor did he ever make any claim thereto.

The Attorney-general (james O'connor K.c.) And James Sealy, For The claimant, Lawrence Slattery.

H, Hanna K.C., For The Assignees In Bankruptcy Of John Slattery.

The arguments sufficiently appear from the judgment of Pim J.

The Attorney-general (James O'connor K.C.) and James Sealy, For The Claimant, Lawrence Slattery.

H. Hanna K.C., For The Assignees In Bankruptcy Of John Slattery.

Pim J.:—

[His Lordship dealt with the facts as set out in the affidavits, and proceeded.]

This is a claim made by Lawrence Slattery against the estate of a deceased man, and in such cases the Court should require...