Conley v. Alabama Gold Life Insurance
Supreme Court of Alabama
Bill of Interpleader. Appeal from Mobile Chancery Court. Heard before Hon. H. Austill. Tbis was a bill of interpleader, filed by the Alabama Gold Life Insurance Company against Mary Carnes Conley, Mary Conley Woodruff, and George Woodruff. On the 22d of February Patrick C. Conley insured bis life in the Alabama Gold Life Insurance Company for $2,000, in favor of Ms wife, Mary Conley. At the time of the death of Mrs. Conley, this policy was in full force.
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Bill of Interpleader. Appeal from Mobile Chancery Court. Heard before Hon. H. Austill. Tbis was a bill of interpleader, filed by the Alabama Gold Life Insurance Company against Mary Carnes Conley, Mary Conley Woodruff, and George Woodruff. On the 22d of February Patrick C. Conley insured bis life in the Alabama Gold Life Insurance Company for $2,000, in favor of Ms wife, Mary Conley. At the time of the death of Mrs. Conley, this policy was in full force. After ber death P. C. Conley surrendered this policy, and caused a new one to be issued, payable to John Wylie, as trustee for Mary Conley…
1Opinion of the CourtBrickell, C. J.
— A bill of interpleader should state distinctly the nature and character of the conflicting claims which are asserted to the debt, duty, or obligation the plaintiff admits rests upon him, and ability and willingness to discharge which, when he may do so safely, he avows; and the parties preferring such claims having the capacity of enforcing them, must be brought before the court. — 2 Dan. Pr. 1560. We shall pass without special comment the omission from the bill of all averment that there-is any personal representative of Mary Conley, to whom it is averred the first policy of insurance was…
2Cases cited1 opinion
- Shaw v. CosterNew York Court of Chancery · 1840
3Cited by13 opinions
- Stephenson v. BurdettWest Virginia Supreme Court · 1904
- First Nat. Bank of Mobile v. BurchSupreme Court of Alabama · 1939
- Hoyt v. GougeSupreme Court of Iowa · 1904
- Rauch v. Fort Dearborn National BankIllinois Supreme Court · 1906
- Mallory S. S. Co. v. ThalheimCourt of Appeals for the Second Circuit · 1921
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