Eberhardt v. Schuster
New York Supreme Court
Motion by plaintiff for further bill of particulars. This action was brought by Julia Eberhardt, to recover one-third part of the proceeds of a life insurance policy, collected by the defendant as guardian of the plaintiff. One Paul Bosch died in 1864, leaving a widow, Maria F. Bosch, and three daughters, Julia (the plaintiff), Pauline and Fanny.
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Motion by plaintiff for further bill of particulars. This action was brought by Julia Eberhardt, to recover one-third part of the proceeds of a life insurance policy, collected by the defendant as guardian of the plaintiff. One Paul Bosch died in 1864, leaving a widow, Maria F. Bosch, and three daughters, Julia (the plaintiff), Pauline and Fanny. The widow,. shortly after-wards, purchased a house, No. 60 Eldridge street, in the city of New York, and soon after that inter-mar-' lied with the defendant, and in 1865 insured her life for $5,000, for the benefit of her three children. She died in…
1Opinion of the CourtLawrence, J.
The defendant does not explain the transaction of the collection of the insurance upon the life of his wife, to my satisfaction ; nor does he deny the positive assertion in Mr. Hendrickson’s affidavit, that when interrogated in respect to such insurance he denied that it had been made.
It would appear from the uncontradicted evidence that it was only by an accident that the plaintiff’s counsel discovered that the money due under the policy had been paid to the defendant.
The conduct of the defendant certainly should lead the court to scrutinize with great care any statements which he may make…
2Cases cited6 opinions
- Willcox v. SmithNew York Supreme Court · 1858
- Kellett v. RathbunNew York Court of Chancery · 1833
- People ex rel. Waring v. Monroe C. P.New York Supreme Court · 1830
- Kellogg v. PaineNew York Supreme Court · 1853
- Young v. De MottNew York Supreme Court · 1847
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Pittman v. JohnsonNew York Supreme Court · 1885