Mahlon Pitney

“ Plaintiff appealed to the court of appeals, which held (138 Ky. 18, 29 L.R.A. (N.S.) 675, 127 S. W. 490) that while, according to the law of Kentucky, one who obtains a policy of insurance upon the life of another must have an insurable interest in that life, it is otherwise with respect to a policy taken out by a person upon his own life, he paying the premium for the benefit of another having no insurable interest, and that such a policy is not a wagering transaction, but is valid. The judgment of the circuit court was therefore reversed and the cause remanded for further proceedings. ”

“ Upon an examination of the record, we are unable to perceive that the Kentucky court failed to accord to the Illinois statute the credit to which it was entitled under the Federal system. The court recognized the existence of the statute and its validity, as pleaded by defendant and as admitted by plaintiff's demurrer. It also recognized the relevancy of the statute to the question in controversy, and either admitted or assumed that it had the effect of limiting the powers of defendant with respect to issuing policies of insurance, so far as the terms of the statute extended. ”

“ The first is raised by the contention that under the Kentucky statute already quoted a foreign insurance company sued in a state court cannot lawfully be summoned by a substituted service upon the state insurance commissioner unless the company has been licensed to do business in the state, and has, by resolution of its board of directors, assented to such substituted service; and that to sustain a judgment rendered in the absence of such service is violative of the 'due process' clause of the 14th Amendment. ”