Legal Opinion

Hinsdale v. Bankers' Life Insurance

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1902PublishedCited by 4 opinions

Appeal by the plaintiff, Christine H. Hinsdale, from an order of ■the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York bn the 19th day of April, 1902, granting the defendant’s motion for an interpleader.

1Opinion of the Court

Patterson, J.:

The order appealed from which grants a motion for interpleader must be reversed. The plaintiff holds by assignment full title to the policy of insurance upon which the action is brought. The motion papers disclose nothing but the fact that a claim has been made by a third party to the policy of insurance. Not a "single circumstance is mentioned to indicate that that claim has the slightest foundation. Ye have frequently held that something must be stated in the affidavits, upon applications of this character, to throw a real doubt upon- the right of the plaintiff to recover. .…

2Cited by4 opinions

  1. Pouch v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1912
  2. Northwestern Mutual Life Insurance v. KidderIndiana Supreme Court · 1904
  3. Rosen v. Equitable Life Assurance Society of United StatesAppellate Division of the Supreme Court of the State of New York · 1942
  4. Allen v. QuackenbushAppellate Terms of the Supreme Court of New York · 1905

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