Bull v. . Case
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 13, 1899, reversing an order of Special Term, vacating an attachment in favor of plaintiff and setting aside a levy made thereunder. The facts, so far as material, and the material question certified are stated in the opinion. Money received from fraternal benefit societies is exempt from execution by the provisions of the Insurance Law.
Read the full summary
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 13, 1899, reversing an order of Special Term, vacating an attachment in favor of plaintiff and setting aside a levy made thereunder. The facts, so far as material, and the material question certified are stated in the opinion. Money received from fraternal benefit societies is exempt from execution by the provisions of the Insurance Law. (L. 1892, ch. 690, §§ 233, 238, 292; F. N. Bank v. How, 67 N. W. Rep. 994; Schillinger v. Boes, 3 S. W. Rep. 427; Matter of…
1Opinion of the CourtWerner, J.
The plaintiff procured an attachment against the defendant, which was levied upon a bond and mortgage received by the latter from his son upon a loan of moneys which were the proceeds of a beneficiary certificate, issued by the Supreme Council Boyal Templars of Temperance, upon the life of Mary E. Case, the wife of the defendant. This attachment was vacated by the Supreme Court at Special Term upon the ground that under the provisions of section 238 of the Insurance Law (Chap. 690, L. 1892) the bond and mortgage represented in part the proceeds of said beneficiary certificate and were,…
2Cases cited1 opinion
- Clark v. LynchNew York Supreme Court · 1894
3Cited by13 opinions
- Surace v. DannaNew York Court of Appeals · 1928
- State Ex Rel. Lankford v. CollinsSupreme Court of Oklahoma · 1918
- Recor v. Commercial & Savings BankMichigan Supreme Court · 1905
- Amberg v. . Manhattan Life Ins. Co.New York Court of Appeals · 1902
- Bank of Brimson v. GrahamSupreme Court of Missouri · 1934
8 more not listed; retrieve them via the Exa API.