Dunham v. Fitch
Appellate Division of the Supreme Court of the State of New York
■ Appeal by the plaintiffs, Emily E. Dunham and another, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Chemung on the 9th day of March, 1898, upon the report of a referee dismissing the complaint.
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■ Appeal by the plaintiffs, Emily E. Dunham and another, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Chemung on the 9th day of March, 1898, upon the report of a referee dismissing the complaint. On or about the 5th of August, 1865, the Connecticut Mutual Life Insurance Company issued its policy of insurance in the sum of $5,000 upon the life of John F. Gillette of South Creek, Penn., payable at the death of Gillette to his wife, Phebe C. Gillette. In case, however, of the death of the wife before the husband the amount…
1Opinion of the Court
Merwin, J. :
The main question in this case is, whether the referee correctly held that there could be no recovery in this action against Francis E. Fitch, as committee, for the one-third which, as the referee held, belonged to the plaintiff Dunham.
The argument on the part of the respondents seems to be that, if the assignment by Mrs. Dunham was invalid, then the committee had no right to collect her share, and, therefore, is not liable for her •share, although he did in fact collect the whole as committee under ;a judgment against the insurance company awarding him as committee the full…
2Cases cited3 opinions
- De Valengin's Administrators v. DuffySupreme Court of the United States · 1840
- McKernan v. . RobinsonNew York Court of Appeals · 1881
- Wall v. . Kellogg's ExecutorsNew York Court of Appeals · 1857
3Cited by10 opinions
- Minnesota Odd Fellows Home v. PogueSupreme Court of Minnesota · 1955
- Shatsky v. Sea Gate Ass'nNew York Supreme Court · 1958
- Meek v. MartinNew York Supreme Court · 1959
- Moran v. MorrillAppellate Division of the Supreme Court of the State of New York · 1903
- Scheibeler v. AlbeeAppellate Division of the Supreme Court of the State of New York · 1906
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