Troy v. London
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. Charles Á. Senn. Alexander T. London sued the Mutual Life Insurance Co. to recover a dividend due upon a certain policy of insurance issued by said Company upon his life. The Insurance Company answered that the amount was due, and paid the fund into court, alleging and making affidavit that the executor of D. S. Troy, deceased, Florence Troy, claimed the money.
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Appeal from Birmingham City Court. Heard before Hon. Charles Á. Senn. Alexander T. London sued the Mutual Life Insurance Co. to recover a dividend due upon a certain policy of insurance issued by said Company upon his life. The Insurance Company answered that the amount was due, and paid the fund into court, alleging and making affidavit that the executor of D. S. Troy, deceased, Florence Troy, claimed the money. The executrix filed a claim setting up that the policy liad been transferred and assigned to her decedent in writing,, for a valuable consideration, and had never been reassigned or…
1Opinion of the CourtHaralson, J.
In 1887 the plaintiff insured his life in the Mutual Life Insurance Company of New York, and on the 22d of June, 1903, he commenced this action against the company to recover an amount alleged to he due to him by the terms of the policy. The company set up that the claimant, Florence L. Troy, as executrix of the will of Daniel S. Troy, deceased, claimed the fund, paid the same into court, and asked that said executrix be required to come in and defend the suit.
*283Upon notice, tlie executrix came, and, propounding her claim, stated that on the 10th day of November, 1887, the plaintiff transferred…
2Cases cited4 opinions
- Helmetag's Adm'r v. MillerSupreme Court of Alabama · 1884
- Alabama Gold Life Insurance v. Mobile Mutual InsuranceSupreme Court of Alabama · 1886
- Stoelker v. ThorntonSupreme Court of Alabama · 1889
- Elsberg v. SewardsNew York Supreme Court · 1892
3Cited by5 opinions
- Haase v. First Nat. BankSupreme Court of Alabama · 1919
- Metcalf v. MontgomerySupreme Court of Alabama · 1934
- Weil v. Travelers' Ins. Co.Alabama Court of Appeals · 1916
- Ingram v. JohnsonSupreme Court of Alabama · 1933
- Protective Life Ins. Co. v. FischerSupreme Court of Alabama · 1937