Catchings v. Manlove
Mississippi Supreme Court
Appeal from the Chancery Court of "Warren county. Hon. Jacob S. Yerger, chancellor. The sole question presented by this record is, whether a voluntary assignment to his wife and children, made by an insolvent debtor, of a policy of insurance on his life taken out by him, is va-lid, as against creditors.
Read the full summary
Appeal from the Chancery Court of "Warren county. Hon. Jacob S. Yerger, chancellor. The sole question presented by this record is, whether a voluntary assignment to his wife and children, made by an insolvent debtor, of a policy of insurance on his life taken out by him, is va-lid, as against creditors. It is conceded that the debtor had a right to make a voluntary assignment of this policy, but this voluntary settlement must be made when the circumstances of the donor should be such as to entitle him to make a transfer of his property. If, in embarrassed circumstances and actually insolvent,…
1Opinion of the Court
Handy, <!.,
delivered the opinion of the court:
This bill was filed by, and on behalf of, certain creditors of Cavil O. Jackson, deceased, for the purpose of subjecting to the payment of their debts against him the proceeds of a policy of insurance upon the life of the decedent obtained by him in his lifetime.
It appears by the statements of the bill that Jackson died in September, 1855, having on the day of his death made his last will and testament; that he was indebted to the complainants, Catchings & Putnam, in the sum of $6,858.56, and to the complainants, Miles & Adams, in the sum of…
2Cases cited4 opinions
- Hinde's Lessee v. LongworthSupreme Court of the United States · 1826
- Hadden v. SpaderCourt for the Trial of Impeachments and Correction of Errors · 1822
- Bayard v. HoffmanNew York Court of Chancery · 1820
- Hunt v. KnoxMississippi Supreme Court · 1857
3Cited by11 opinions
- Flewellen v. CraneSupreme Court of Alabama · 1877
- Bailey v. WoodMassachusetts Supreme Judicial Court · 1909
- Continental National Bank v. MooreAppellate Division of the Supreme Court of the State of New York · 1903
- Moody v. MoodySupreme Court of Alabama · 1927
- Union Central Life Ins. v. FlickerCourt of Appeals for the Ninth Circuit · 1939
6 more not listed; retrieve them via the Exa API.