Lovinger v. Garvan
District Court, S.D. New York
In Equity. Suit by Paula Eovinger against Francis P. Garvan, Alien Property Custodian, and others. This is a hill in equity under section 9 of the Trading with the Enemy Act (Comp. St. 1918, Comp. St. Ann. Supp. 1919, § 3115-(4e) by a citizen who claims a fund paid to the Alien Property Custodian.
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In Equity. Suit by Paula Eovinger against Francis P. Garvan, Alien Property Custodian, and others. This is a hill in equity under section 9 of the Trading with the Enemy Act (Comp. St. 1918, Comp. St. Ann. Supp. 1919, § 3115-(4e) by a citizen who claims a fund paid to the Alien Property Custodian. Roza Molnar, a citizen of Hungary resident in the United States on November 29, 1917, secured a policy of life insurance in Hie sum of 81,000 from the New York Bife •Insurance Company, payable in the event of her death to one Sandor Kamarony, her brother, likewise a citizen of that kingdom and…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). [1] The beneficiary of a policy such as this has a contingent interest, which'becomes absolute upon the death of the insured, Irving himself. That interest is, however, subject to defeat by the reserved power of the insured to change the beneficiary and appoint another. Therefore in these cases the question is whether the power has been exercised, or, if not, whether the new beneficiary has the right to compel its exercise after the death of the insured. Where there is no valid contract made by the insured during his life, the rule has uniformly been, so…
2Cases cited7 opinions
- Freund v. FreundIllinois Supreme Court · 1905
- Fink v. . FinkNew York Court of Appeals · 1902
- Nally v. NallySupreme Court of Georgia · 1885
- Thomas v. . ThomasNew York Court of Appeals · 1892
- Berg v. DamkoehlerWisconsin Supreme Court · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Metropolitan Life Ins. Co. v. RichardsonDistrict Court, W.D. Louisiana · 1939
- Kansas City Life Ins. Co. v. JonesDistrict Court, S.D. California · 1937
- Lapan v. LapanSupreme Court of Rhode Island · 1966
- McPhail v. John Hancock Mut. Life Ins.District Court, W.D. Kentucky · 1952
- Myers v. EckersonSupreme Court of Pennsylvania · 1927
2 more not listed; retrieve them via the Exa API.