Olmsted v. . Keyes
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made January 30, 1880, which affirmed a judgment entered upon the decision of the court on trial at Special Term. This action was brought by plaintiff, as trustee, to determine conflicting claims to a fund in his hands. The. material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made January 30, 1880, which affirmed a judgment entered upon the decision of the court on trial at Special Term. This action was brought by plaintiff, as trustee, to determine conflicting claims to a fund in his hands. The. material facts are stated in the opinion. Although the premiums due upon the policy in suit were paid by Lester V. Keyes, he gained no interest in such policy, and no power of disposition over it, by reason of such payment. (Barry v. Eq. L. Ins. Co., 59…
1Opinion of the CourtEarl, J.
On the 9th day of July, 1846, the Mutual Life Insurance Company of Hew York issued a policy of insurance upon the life of Lester Y. Keyes to the plaintiff, John Olmsted, as trustee for Huldah Keyes, the wife of Lester, whereby, in consideration of annual premiums to be paid by such trustee, it agreed to pay to him, upon the death of Lester, the sum of SI,000. From the date of the policy to his death Lester paid the annual premiums. Lester and Huldah had several children who are defendants in this action. She died intestate in Hovember, 1857, and thereafter, in August, 1861, Lester…
2Cases cited12 opinions
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- Westervelt v. . GreggNew York Court of Appeals · 1854
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- Valton v. . the National Fund Life Assurance CompanyNew York Court of Appeals · 1859
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- Opitz v. KarelWisconsin Supreme Court · 1903
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