Vogle v. Union Central Life-Insurance
Michigan Supreme Court
Appeal from Cass; Des Voignes, J. Bill by Mary E. Vogle, administratrix of the estate of William H. Vogle, deceased, against the Union Central Life-Insurance Company to require the application of the proceeds of a policy to the payment of a mortgage debt. Defendant filed an answer, asking that complainant be required to interplead. From a decree denying the prayer for an interpleader, and granting the prayer of the original bill, defendant appeals.
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Appeal from Cass; Des Voignes, J. Bill by Mary E. Vogle, administratrix of the estate of William H. Vogle, deceased, against the Union Central Life-Insurance Company to require the application of the proceeds of a policy to the payment of a mortgage debt. Defendant filed an answer, asking that complainant be required to interplead. From a decree denying the prayer for an interpleader, and granting the prayer of the original bill, defendant appeals. On or about July 1, 1891, one Henry Shriner borrowed of the defendant $3,500, and, at the same time insured his life in the defendant company for…
1Opinion of the CourtMontgomery, J.
(after stating the facts). Some criticism is made of the terms of the decree, as it affects the conflicting interests of complainant and the creditors of William H. Yogle, but as the decree fully protects the interest of the insurance company, as against representatives of the Yogle interests, it is enough to say that defendant has no ground for complaint of the decree in respect to the disposition of the fund. The only question with which the defendant is concerned is whether it was entitled to insist upon an interpleader. The defendant was not entitled to maintain a bill of interpleader…
2Cases cited1 opinion
- Michigan & Ohio Plaster Co. v. WhiteMichigan Supreme Court · 1880
3Cited by1 opinion
- Lanning v. StilesMichigan Supreme Court · 1913