Marks v. Equitable Life Assurance Society
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Equitable Life Assurance Society of the United States, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Mew York on the 14th day of February, 1905, upon the decision of the court, rendered after a trial at the Mew York Special Term, overruling the said defendant’s demurrer o the complaint.
1Opinion of the Court
McLaughlin, J.:
This action was brought by a judgment creditor of the defendant Meltsner for the purpose of satisfying a judgment against him out of the" proceeds of a life, insurance policy issued by the defendant insurance company and .alleged' to have been attached by the plaintiff in the action in. which the- judgment was recovered.. The relief demanded is that the policy of insurance be surrendered to the insurance company; that the interest of the parties in said policy be- determined; and that the amount of such interest be turned over to.the parties respectively entitled thereto.
■ The.…
2Cases cited3 opinions
- Mechanics' & Traders' Bank of Jersey City v. DakinNew York Court of Appeals · 1873
- Columbia Bank v. Equitable Life Assurance SocietyAppellate Division of the Supreme Court of the State of New York · 1903
- Barton v. Albert Palmer Co.Appellate Division of the Supreme Court of the State of New York · 1903
3Cited by1 opinion
- Durkin v. DurkinCalifornia Court of Appeal · 1955