Rattle v. Mutual Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Mutual Life - Insurance Company of New York, 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 on the 8th day of November, 1901, denying said defendant’s motion for a preference and to place the cause upon the preferred calendar pursuant to subdivision 5 of section 791 of the Code of Civil Procedure.
1Opinion of the Court
Per Curiam :
This action is brought by William J. Rattle, a creditor of Alvah W. Brown, deceased, in behalf of himself and other creditors, to set aside the transfer of a life insurance policy issued by the defendant the' Mutual Life Insurance Company of New York, on the grounds that the transferer, Alvah W. Brown, was mentally and physically incapacitated at the time of the transfer ; and that such transfer was procured by the undue influence of the transferee, Helene M. Brown, one of the defendants herein, and that it was in fraud of creditors.
The defendant Brown, the action being at issue…
2Cases cited1 opinion
- Haux v. . Dry Dock Savings InstitutionNew York Court of Appeals · 1896