Legal Opinion

People Ex Rel. Attorney-General v. Security Life Insurance

New York Court of Appeals

Decided November 13, 1877PublishedCited by 6 opinions

Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term, which denied the application of the petitioner, Rebecca L. Miller, for an order requiring the receiver of The Security Life Insurance and Annuity Company, appointed in proceedings herein, to pay in full claims upon policies issued by said company for losses by death occurring before ■ the appointment of the receiver, prior to payment and…

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Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term, which denied the application of the petitioner, Rebecca L. Miller, for an order requiring the receiver of The Security Life Insurance and Annuity Company, appointed in proceedings herein, to pay in full claims upon policies issued by said company for losses by death occurring before ■ the appointment of the receiver, prior to payment and distribution of the assets among other creditors. (Reported below, 11 Him, 96.) In proceedings instituted by the…

1Opinion of the Court

This court is without jurisdiction over the appeal. It is from an order in a special proceeding, but the order does not affect a substantial right so as to make it appealable under section 11 of the old or section 190 of the Revised Code. The appellant had no legal right to demand an adjustment and payment of her claim at the time of the application, or to claim payment before a distribution of the assets among all the creditors of the insolvent corporation entitled to share with her. The Supreme Court, perhaps, had the power to order the receiver to pay the petitioner's claim at once, and…

2Cited by6 opinions

  1. Mason v. . HenryNew York Court of Appeals · 1897
  2. People ex rel. Attorney General v. Security Life InsuranceNew York Court of Appeals · 1879
  3. Adams v. ReQuaSupreme Court of Florida · 1886
  4. Attorney-General v. North America Life InsuranceNew York Supreme Court · 1878
  5. Peo. Ex Rel. Att. Gen. v. . SEC. L. Ins. and Ann. Co.New York Court of Appeals · 1879

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