Levy & Co. v. Van Hagen
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before Hon. II. T. Toulmin. In this cause the appellants sued out an attachment against 'Hiram W. Yan Hagen, on 2d May, 1879, which was levied by ■ service of a writ of garnishment on the Alabama G-old Life Insurance Company, a corporation, as debtor to the said Yan Hagen.
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Appeal from the Circuit Court of Mobile. Tried before Hon. II. T. Toulmin. In this cause the appellants sued out an attachment against 'Hiram W. Yan Hagen, on 2d May, 1879, which was levied by ■ service of a writ of garnishment on the Alabama G-old Life Insurance Company, a corporation, as debtor to the said Yan Hagen. On 26th May, 1879, the insurance company answered ■the garnishment, stating that the said Yan Hagen then held a paid up policy of insurance, issued by that company on his life, for $833.33, which, by its terms, was payable to him, if he should live to attain the age of…
1Opinion of the CourtStone, J.
The present record presents but a single question, which arises on the construction of the endowment policy taken out on the life of Hiram W. Yan Hagen, and copied in the record. The sum due on that policy became payable when the said Pliram W. became forty-five years of age — in the spring of 1881. • The policy is so framed, that the sum assured was to be paid at his death, or when he reached the age of forty-five, which ever should first happen. He was living when he became forty-five years of age, and, so far as we are informed, is still living. This suit was commenced in 1879, about two…
2Cited by8 opinions
- In re WellingCourt of Appeals for the Seventh Circuit · 1902
- Kimball v. Cunningham Hardware Co.Supreme Court of Alabama · 1915
- In re SlingluffDistrict Court, D. Maryland · 1900
- Tompkins v. Levy & BrotherSupreme Court of Alabama · 1888
- Walker v. GiddingsMichigan Supreme Court · 1894
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