Trepagnier & Bros. v. Rose
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Arthur S. Rose and others, from so much of an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 5th day of January, 1897, as denies their motion to vacate and set aside an alleged levy under an attachment upon an indebtedness due the defendants from the Mutual Fire Insurance Company, under a policy of fire insurance issued by said company to'said defendants.
1Opinion of the Court
Cullen, J.:
• The only question presented by this appeal is. whether a fire insurance policy under which a loss has occurred is an instrument for the ■ payment of money within the meaning of subdivision 2, section 649 of the Code of Civil Procedure. If it is, the sheriff has made no valid levy under his attachment, for he has failed to obtain possession of the written policy.
In' our opinion, a policy of insurance is not an instrument for the payment of money, under the section cited. It is not necessary for us in this case to go to the extent of holding that instruments for the payment of…
2Cases cited6 opinions
- Von Hesse v. MackayeNew York Supreme Court · 1890
- Kratzenstein v. LehmanAppellate Division of the Supreme Court of the State of New York · 1897
- Hankinson v. PageU.S. Circuit Court for the District of Southern New York · 1887
- AnonymousNew York Supreme Court · 1826
- N.Y.L. Ins. Co. v. . Universal L. Ins. Co.New York Court of Appeals · 1882
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3Cited by5 opinions
- Ancient Order of Hibernians v. SparrowMontana Supreme Court · 1903
- Columbia Bank v. Equitable Life Assurance SocietyAppellate Division of the Supreme Court of the State of New York · 1903
- Columbia Bank v. Equitable Life Assurance Society of United StatesAppellate Division of the Supreme Court of the State of New York · 1903
- Neilson v. Title Guaranty & Surety Co.Oregon Supreme Court · 1921
- Miller v. JonesNebraska Supreme Court · 1940