Curtiss

— These are separate appeals in the same case; the first from the judgment, and the second from an order denying a new trial.

The action is by the assignee of a policy of life insurance effected by his assignor upon the life of a third person, and the principal grounds upon which it is defended are, want of interest in the insured at the date of the policy, and in plaintiff at the date of the assignment. The points involved in these and other grounds of defense are raised by demurrer to the complaint, motion for nonsuit, and by numerous exceptions to the admission and exclusion of evidence, and to the allowance and refusal of instructions to the jury.

It is scarcely practicable to notice each separate exception contained in the record and referred to in the briefs, but we shall endeavor not to overlook anything essential to a proper consideration of the merits of the appeals.

First, then, as to the points raised by the demurrer.

It appears from the complaint as amended that the policy was issued April 5, 1871, to Esther 0. Curtiss, for the sum of ten thousand dollars on the life of one Tucker; and with respect to her interest in Tucker’s life, it is alleged “that at the time…