Fowler v. Butterly
The Superior Court of New York City
Appeal from judgment entered on decision of judge at special term. The original defendant deposited in court $5,041. The case showed these facts. On September 6, 1867, Nicholas Butterly, husband of defendant Henrietta Butterly, applied in writing to the North America Life Insurance Company for insurance on his life ; and to the direction to “ Specify name of person or persons for whose benefit assurance is desired.
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Appeal from judgment entered on decision of judge at special term. The original defendant deposited in court $5,041. The case showed these facts. On September 6, 1867, Nicholas Butterly, husband of defendant Henrietta Butterly, applied in writing to the North America Life Insurance Company for insurance on his life ; and to the direction to “ Specify name of person or persons for whose benefit assurance is desired. If wife of person to be assured, say so,”—stated: “ Nicholas Butterly. A. In case of death to Henrietta Butterly, wife, if living. B. Otherwise to Alice V. Butterly, daughter.” A…
1Opinion of the Court
By the Court.—Sedgwick, J.
The learned judge held that the policy of insurance was protected by the statutes in respect of life insurance for the benefit of married women, and that, in 1872, when the wife signed the paper, which was in form her assignment, she had no right to assign it (Eadie v. Slimmon, 26 N. Y. 9 ; Barry v. Equitable Ins. Co., 59 Id. 587). A married woman possessed such a right, for the first *158time in 1873 (Laws of 1873, ch. 821). He thus impliedly held that her interest under the policy was not her separate estate, and she had no power of disposition over it as her separate…
2Cases cited5 opinions
- Eadie v. . SlimmonNew York Court of Appeals · 1862
- Garnsey v. . RogersNew York Court of Appeals · 1872
- Connecticut Mutual Life Insurance v. BurroughsSupreme Court of Connecticut · 1867
- Scott v. SimesThe Superior Court of New York City · 1863
- Morris v. First National Bank of New YorkNew York Court of Appeals · 1877