Babcock v. . Bonnell
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Row York, affirming 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 Superior Court of the city of Row York, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 12 J. &■ S., 568.) This action was brought by plaintiff as administratrix of Charles A. Babcock, deceased, for an accounting as to payments of premium made by defendant upon a policy of insurance issued on the life of said intestate, and alleged to have been pledged by him to defendant as collateral security for a debt which had been settled and paid, and for an adjudication that…
1Opinion of the Court
Church, Ch. J.
The finding of the trial judge that the policy was taken out and delivered to the defendant as collateral security for the payment of the indebtedness of Babcock & Co. to him was warranted by the evidence. No other conclusion could be arrived at, and the evidence is ' substantially undisputed.
Some years afterwards Mr. Babcock expressed a desire not to be regarded as having an interest, and stated that the entire interest was in the defendant; but I do not think that this expression, under the circumstances, would have the effect of a release, or create an estoppel. There is no…
2Cases cited2 opinions
- Kromer v. . HeimNew York Court of Appeals · 1879
- Rogers v. ThomasSupreme Court of Connecticut · 1849
3Cited by14 opinions
- Kearney Milling & Elevator Co. v. Union Pacific Railway Co.Supreme Court of Iowa · 1896
- Conrad v. FisherMissouri Court of Appeals · 1889
- McElwee v. Metropolitan Lumber Co.Court of Appeals for the Sixth Circuit · 1895
- Sheppard v. NewhallCourt of Appeals for the Ninth Circuit · 1893
- Jewelers' League v. HepkeNew York Supreme Court · 1899
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