Day v. New England Life Insurance
Supreme Court of Pennsylvania
ERROR to the Court of Common Pleas, No. 4, of Philadelphia county: Of January Term, 1885, No. 216. This was an attachment execution issued April 16th, 1884, by O. C. Day against James H. Boud, defendant, and the New England Life Insurance Company-, garnishee, on a judgment obtained by him in an action' of assumpsit against James H. Boud for $546.08, on October 20th, 1883. The garnishee appeared and pleaded nulla lona.
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ERROR to the Court of Common Pleas, No. 4, of Philadelphia county: Of January Term, 1885, No. 216. This was an attachment execution issued April 16th, 1884, by O. C. Day against James H. Boud, defendant, and the New England Life Insurance Company-, garnishee, on a judgment obtained by him in an action' of assumpsit against James H. Boud for $546.08, on October 20th, 1883. The garnishee appeared and pleaded nulla lona. A jury was called and the following special verdict was rendered by agreement: “ 1. That the attachment execution was served on garnishees on April 16th, 1884. “ 2. That on…
1Opinion of the CourtJustice Green
The wife of the assured having died during his life, the fund attached may be regarded as if it were due upon an ordinary policy payable upon the death of the assured. This policy was not in any circumstances payable to the assured himself, nor to any one during his life. It was only payable after his death, and as it was never assigned it was payable only to his executors or administrators. No title to have the fund ever existed except in the legal representatives of the deceased. No action could by any possibility have been maintained for the recovery of the money bjr the deceased in his…
2Cited by5 opinions
- Fulforth v. Prudential Insurance Co. of AmericaSuperior Court of Pennsylvania · 1941
- Mulligan's EstateSupreme Court of Pennsylvania · 1893
- Jefferson Standard Life Insurance v. RankinCourt of Appeals of Georgia · 1929
- Larue's Assignee v. LarueCourt of Appeals of Kentucky · 1894
- Ahlborn's EstatePennsylvania Orphans' Court, Luzerne County · 1936