Bull v. Case
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Stephen M. Bull, from an order of the Supreme Court, made at the Orange Special Term and entered in the office of the clerk of the county of Orange on the 4th day of April, 1898, setting aside a levy made by the sheriff of Orange county upon a bond and mortgage owned by the defendant, under a writ of attachment, issued in the above-entitled action.
Read the full summary
Appeal by the plaintiff, Stephen M. Bull, from an order of the Supreme Court, made at the Orange Special Term and entered in the office of the clerk of the county of Orange on the 4th day of April, 1898, setting aside a levy made by the sheriff of Orange county upon a bond and mortgage owned by the defendant, under a writ of attachment, issued in the above-entitled action. The bond and mortgage levied upon represent moneys paid to the defendant by the Supreme Council of the Boyal Templars of Temperance as the beneficiary under a membership certificate issued by that "corporation to the…
1Opinion of the Court
Cullen, J.:
The “ Supreme Council of Boyal Templars of Temperance ” was organized by a special statute (Chap. 586, Laws of 1880), which gave insurance moneys or benefits effected in it no exemption from the claims of the creditors of the person to whom such benefits were payable. The defendant cannot claim exemption under the general statute of 1883 (Chap. 175), which provided that the money or other benefit to be paid by the corporation shall be exempt from *392execution and not liable to be seized to pay any debt or liability of a member (§ 19), for the defendant was not a member of the…
2Cases cited5 opinions
- Yates County National Bank v. CarpenterNew York Court of Appeals · 1890
- Smith v. National Benefit SocietyNew York Court of Appeals · 1890
- Clark v. LynchNew York Supreme Court · 1894
- People Ex Rel. Jones v. . FeitnerNew York Court of Appeals · 1898
- People ex rel. Kenny v. ReillyAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by8 opinions
- Surace v. DannaNew York Court of Appeals · 1928
- Amberg v. . Manhattan Life Ins. Co.New York Court of Appeals · 1902
- Martin v. MartinIllinois Supreme Court · 1900
- Joyce v. RussellWisconsin Supreme Court · 1909
- Amberg v. Manhattan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1900
3 more not listed; retrieve them via the Exa API.