Bohleber v. Waelden

This case lias been before this court on a prior appeal by defendants from a dismissal of the complaint. 69 Hun, 79, 23 N. Y. Supp. 391. It was then assumed that the assignment to Schmidt was made upon his promise to pay the premiums and keep the policy alive, and that it was qualified by the words “as interest may appear.” Under those facts it was held that plaintiff was entitled to an accounting, and to a reassignment upon payment of what was due. The case now before us, as made by the pleadings, evidence, and findings, is very different from that stated in the opinion of Justice Barnard,…