Legal Opinion

Haase v. First Nat. Bank

Supreme Court of Alabama

Decided November 13, 1919No. 7 Div. 23PublishedCited by 9 opinions

Appeal from Circuit Court, Calhoun County ; Hugh D. Merrill, Judge. Bill by the Mutual Life Insurance Company of New York against the First National Bank of Anniston, Charles J. Haase, executor of the estate of Julius Saarbaeh, and Charles Wurtzburger and wife. From the decree rendered, defendant First National Bank of Anniston and defendant Charles J. Haase appeal. Each of the respondents answered.

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Appeal from Circuit Court, Calhoun County ; Hugh D. Merrill, Judge. Bill by the Mutual Life Insurance Company of New York against the First National Bank of Anniston, Charles J. Haase, executor of the estate of Julius Saarbaeh, and Charles Wurtzburger and wife. From the decree rendered, defendant First National Bank of Anniston and defendant Charles J. Haase appeal. Each of the respondents answered. The bank claimed under its assignment from Wurtzburger and the proceedings it had taken to enforce its lien under the assignment on the policy. Wurtzburger having died pending the suit an…

1Opinion of the CourtSayre, J.

In 1871 Julius 'Saarbaeh procured a policy of insurance on his own life in the sum of $1,000, payable at his death to his executors, administrators, or assigns, for which he paid and was to pay a single premium of $403.75. In August, 1887, on a recited consideration of $1 and other valuable considerations, the insured assigned this policy to his son-in-law, Charles H. Wurtzburger. In 1S90 Wurtzburger assigned the policy to appellee bank, in fact to secure a note of $1,000, but this, as well as the assignment to Wurtzburger, was absolute in form. In 1894, Wurtzburger haying failed to pay,…

2Cases cited20 opinions

  1. Milliken v. PrattMassachusetts Supreme Judicial Court · 1878
  2. Clement v. Insurance Co.Tennessee Supreme Court · 1898
  3. Mutual Life Insurance v. AllenMassachusetts Supreme Judicial Court · 1884
  4. International Harvester Co. of America v. McAdamWisconsin Supreme Court · 1910
  5. Helmetag's Adm'r v. MillerSupreme Court of Alabama · 1884

15 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Missouri State Life Ins. Co. v. Robertson Banking Co.Supreme Court of Alabama · 1931
  2. Fourth Nat. Bank v. WoolfolkSupreme Court of Alabama · 1929
  3. Monarch Refrigerating Co. v. FaulkSupreme Court of Alabama · 1934
  4. National Life Accident Ins. Co. v. AlexanderSupreme Court of Alabama · 1933
  5. Metcalf v. MontgomerySupreme Court of Alabama · 1934

4 more not listed; retrieve them via the Exa API.

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