Ferdon v. . Canfield
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made March 8, 1886, which reversed a judgment in favor of plaintiffs, entered upon a decision of the court on trial at Special Term, and granted a new trial.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made March 8, 1886, which reversed a judgment in favor of plaintiffs, entered upon a decision of the court on trial at Special Term, and granted a new trial. (Reported below, 39 Hun, 571.) This action was in the nature of an action of interpleader, brought originally by the Equitable Assurance Society of the United States to determine the title to a fund in its hands, belonging to the owners of a policy of insurance, issued by it on the life of Samuel W. Canfield, which was claimed by the present…
1Opinion of the CourtRapallo, J.
Although the life of Samuel W. Canfield was the life insured by the policy, he was not the party assured thereby. His life was the subject of insurance but the contract does not, on its face purport to have been made either with him or for his benefit, nor does he appear to have had any interest therein which he could assign. The policy recites that in consideration of the representations made in the application therefor and of the sum of $1,925, payable in advance by Catharine E. Canfield and six others, children of the said Samuel W. Canfield, who are expressly declared to be the assured,…
2Cited by12 opinions
- Equitable Life Assur. Soc. v. McElroyCourt of Appeals for the Eighth Circuit · 1897
- In re the Estate of PastoreNew York Surrogate's Court · 1935
- Caplin v. Penn Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1918
- Rowe v. Brooklyn Life InsuranceNew York Supreme Court · 1896
- Cyrenius v. Mutual Life InsuranceNew York Court of Appeals · 1895
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