Louis Brandeis

“ None of the evidence received or excluded had any bearing upon the circumstances under which the policy was issued. Whether if such evidence had been offered it should have been excluded because of the provisions of the North Dakota statutes making policies incontestible after two years, or for other reaons (compare Finnie v. Walker (C. C. A.) 257 F. 698) , we have no occasion to consider. Plainly the assignment of the policy later would not render it void, whatever the lack of insurable interest on the part of the assignee. ”

“ It sought to recover on a policy of life insurance for $10,000 issued by the Dakota Life Insurance Company in the year 1920. The defendant, a South Dakota corporation, removed the cause to the federal court. There the case was tried before a jury. It was alleged and proved that the policy had been issued in North Dakota on the life of Oscar Mosher, payable to his estate; that it was assigned to the plaintiff in 1923 in North Dakota by Mosher and one Jacobson, a prior assignee ”

“ Russell, 222 U.S. 149, 32 S.C.t. 58, 56 L. Ed. 133, 36 L. R. A. (N. S.) 642, Ann. Cas. 1913B, 863. The judgment of the Circuit Court of Appeals is reversed, with direction that the judgment of the District Court be affirmed. ”