Summary

Manhattan Life Insurance Company of New York v…

The assignments of error, however, assert violations of rights under the Constitution in many particulars, but more especially with reference to the action of the court in treating the sales of the policies as Texas contracts, and refusing to apply the Georgia law, which admittedly differed fundamentally from that of Texas. It is elementary that a Federal question may not be imported into a record for the first time by way of assignments of error made for the purposes of review by this court.
Source: Wikisource

Manhattan Life Insurance Company of New York v…

On the contrary, the court, relying upon the Texas law upon that subject, the Georgia law on the same subject, and the principles of general law applicable thereto, held that instead of leaving the assignment growing out of the gambling transaction enforceable in the hands of Hilsman, it would, in consequence of the illegality, strike down the whole transaction, and therefore leave the policy in the hands of Cohen, the insured, to whom it belonged before the assignment had been made.
Source: Wikisource

Manhattan Life Insurance Company of New York v…

Both parties, as we have seen, wholly independent of the existence of an insurable interest, affirmed the illegality of the transaction out of which the assignments of the policies grew because of the alleged gambling nature of the transaction, and the admitted facts without dispute established that situation. There being thus an admission by both parties, and no dispute concerning the illegality of the transaction, and a difference only as to the consequences to arise from such illegality, it follows that the case reduces itself to a consideration of that subject.
Source: Wikisource

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