Friedman Bros. v. Fennell
Supreme Court of Alabama
Appeal from the Chancery Court of Madison. Heard before the Hon. Thos. Cobbs. The original bill in this case was filed on the 3d August, 1891, by Friedman Bros., a commercial partnership, as a creditor of Charles M. Fennell, deceased, against Charles H. Fennell, or “Charles Fennell, Jr.,” a minor son of said Charles M., and against the Mutual Benefit Life Insurance Company, a corporation organized under the laws of New Jersey; and sought to reach and subject to the…
Read the full summary
Appeal from the Chancery Court of Madison. Heard before the Hon. Thos. Cobbs. The original bill in this case was filed on the 3d August, 1891, by Friedman Bros., a commercial partnership, as a creditor of Charles M. Fennell, deceased, against Charles H. Fennell, or “Charles Fennell, Jr.,” a minor son of said Charles M., and against the Mutual Benefit Life Insurance Company, a corporation organized under the laws of New Jersey; and sought to reach and subject to the satisfaction of complainant’s debt, which had been reduced to judgment on the 20th October, 1885, the proceeds of a policy of…
1Opinion of the CourtStone, C. J.
— Our statutes permitting insurauce of the life of a husband or father for the benefit of the wife, or child or children, is not declarative of any common-law principle, but is enabling — creative of a new right.— Con. Life Ins. Co. v. Webb, 54 Ala. 688. These statutes confer a special privilege. In their nature they are an exemption of property from the payment of debts; and to be successful in securing the exemption, the statute must be conformed to. When, however, the case exists for which the statute makes provision, the statute will be liberally interpreted in furtherance of the relief…
2Cases cited6 opinions
- Continental Life Insurance v. WebbSupreme Court of Alabama · 1875
- Fearn v. WardSupreme Court of Alabama · 1886
- Fearn v. WardSupreme Court of Alabama · 1880
- Tompkins v. Levy & BrotherSupreme Court of Alabama · 1888
- Battle v. ReidSupreme Court of Alabama · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Nixon v. New York Life Insurance Co.Texas Supreme Court · 1906
- Lehman v. GunnSupreme Court of Alabama · 1899
- La Borde v. Farmers State BankNebraska Supreme Court · 1927
- Pope v. CarterSupreme Court of Alabama · 1924
- Union Central Life Ins. v. FlickerCourt of Appeals for the Ninth Circuit · 1939
6 more not listed; retrieve them via the Exa API.