Legal Opinion

Dunlevy v. New York Life Ins.

District Court, N.D. California

Decided March 10, 1913No. 15,041Published

At Law. Action by Fffie J. Gould Dunlevy against the New York Life Insurance Company and another.

1Opinion of the Court

VAN FLEET, District Judge.

Plaintiff brings this action to recover $2,479.70, the cash surrender value accrued under the tontine provisions of a policy of life insurance issued by the defendant insurance company on the life of its codefendant, Joseph W. Gould, the father of plaintiff; the policy being alleged to have been assigned by Gould to plaintiff.

The defenses of the insurance company are: (1) That there was no valid or perfected assignment of the policy to the plaintiff; and (2) that plaintiff is concluded by a judgment recovered against the company by its codefendant, Gould, on the same…

2Cases cited6 opinions

  1. Pennoyer v. NeffSupreme Court of the United States · 1878
  2. Harris v. BalkSupreme Court of the United States · 1905
  3. Louisville & Nashville Railroad v. DeerSupreme Court of the United States · 1906
  4. Hurlbut v. HurlbutNew York Supreme Court · 1888
  5. McDonough v. Ætna Life InsuranceNew York Supreme Court · 1902

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