Lowenstein v. Koch
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Lulu Koch, 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 11th day of May, 1911, granting plaintiff’s motion for judgment on the pleadings after defendant had interposed a demurrer to the complaint.
1Opinion of the Court
Scott, J.:
Plaintiff sues as a judgment creditor of Robert Friedman, deceased, against whom he recovered a judgment in May, 1912. Supplementary proceedings were instituted which had not been terminated when the judgment debtor died, although no receiver had been appointed.
On August 8, 1899, Friedman had taken out a policy of life insurance payable to his estate, but which contained a clause permitting the assured to change the beneficiary at will. On April 9, 1900, Friedman exercised this right by making the defendant, his sister, the beneficiary, and she so remained until his death when she…
2Cited by9 opinions
- Maurice v. Travelers InsuranceNew York Supreme Court · 1923
- Rockwood & Co. v. TropAppellate Division of the Supreme Court of the State of New York · 1925
- Muller v. Penn Mutual Life InsuranceSupreme Court of Colorado · 1916
- Clark v. ShawBronx County Court · 1915
- Comegys v. National Union Assurance SocietyCalifornia Court of Appeal · 1935
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