Kittel v. . Domeyer
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 16, 1902, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and dismissing the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The insurance moneys are “ primarily ” and not “ secondarily ” liable for the husband’s debts.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 16, 1902, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and dismissing the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The insurance moneys are “ primarily ” and not “ secondarily ” liable for the husband’s debts. (Smith v. Wyckoff, 11 Paige, 49; Stokes v. Amerman, 121 N. Y. 337; Eadie v. Slimmon, 26 N. Y. 9; Barry v. E. L. A. Soc., 59 N. Y. 587; Wilson v. Lawrence,…
1Opinion of the CourtGray, J.
This appeal involves the construction of section 22 of chapter 272 of the Laws of 1896, the Domestic Eolations Law; which reads as follows, viz. : “ A married woman may, in her own name, or in the name of a third person, with his consent, as her trustee, cause the life of her husband to be insured for a definite period, or for the term of his natural life. Where a married woman survives such period or term she is entitled to receive the insurance money, payable by the terms of the policy, as her separate property, and free from any claim of a creditor or representative of her husband, except,…
2Cases cited1 opinion
- Baron v. . BrummerNew York Court of Appeals · 1885
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- United States Mortgage & Trust Co. v. RugglesNew York Court of Appeals · 1932
- Addiss v. SeligNew York Court of Appeals · 1934
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