Legal Opinion

Marsh v. . McNair

New York Court of Appeals

Decided May 5, 1885PublishedCited by 27 opinions

Appeal from judgment of the General Term of the Supreme Court, in the fifth judicial department, entered upon an order made October 31,1884, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term.

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Appeal from judgment of the General Term of the Supreme Court, in the fifth judicial department, entered upon an order made October 31,1884, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This action was brought against defendant, an assignee for the benefit of creditors of Chauncey W. Gibson, to have an instrument executed by plaintiff and others which by its terms purported to assign absolutely a policy of insurance on the life of John E. Marsh, made payable to plaintiff, reformed so as to state that it was given as collateral…

1Opinion of the CourtEarl, J.

In 1869 the plaintiff and her two sons, John B. and Charles EL Marsh, resided at Avon in this State. At the same time Ohauncey W. Gibson resided at Lima in the same county where he earned on the business of a private banker under the name of the Exchange Bank, and he was a local agent of the National Life Insurance Company. In April of that year John B. and Charles EL, through Gibson as agent of the company, procured two policies of insurance on their own lives for $5,000 each. The policy on the life* of John B. was payable to Charles H. as the assured, and that on the life, of Charles H. was…

2Cases cited4 opinions

  1. Wilson v. . DeenNew York Court of Appeals · 1878
  2. Coon v. . KnapNew York Court of Appeals · 1854
  3. Graves v. FriendThe Superior Court of New York City · 1852
  4. Cram v. Union BankNew York Court of Appeals · 1868

3Cited by27 opinions

  1. D & L Holdings, LLC v. RCG Goldman Co., LLCAppellate Division of the Supreme Court of the State of New York · 2001
  2. Grable v. NunezSupreme Court of Florida · 1953
  3. Doolittle v. J. C. Murray & Co.Supreme Court of Iowa · 1907
  4. Sturmdorf v. SaundersAppellate Division of the Supreme Court of the State of New York · 1907
  5. Dady v. . O'RourkeNew York Court of Appeals · 1902

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