Baron v. . Brummer
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made June 1, 1883, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion. The policy was unassignable. (Brummer v. Cohn, 86 N. Y. 11; 57 How. 386.) It could not be levied upon in a creditor’s suit.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made June 1, 1883, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion. The policy was unassignable. (Brummer v. Cohn, 86 N. Y. 11; 57 How. 386.) It could not be levied upon in a creditor’s suit. (Code, 1411, 1412; 2 R. S. 273, §§ 38, 39; Campbell v. Foster, 35 N. Y. 366, 370; Graff v. Bonnett, 31 id. 9; 35 id. 371; Hains v. Van Voorhis, 15…
1Opinion of the CourtMillee, J.
This action is in the nature of a creditor’s bill brought by the plaintiff for the purpose of charging a policy of insurance, taken out in favor of the defendant Peane Brnmmer, the wife of defendant Aaron Brummer, upon his life, with the payment of a judgment recovered by plaintiff against said defendants. The policy was issued on the 12th of May, 1868,- and was payable on the 12th of May, 1883, or sooner if the husband should die in the mean time.
It was proved on the trial that there had been paid in premiums on the policy the aggregate sum of $5,896.97, which the court found was paid by…
2Cited by24 opinions
- Romaine v. . ChaunceyNew York Court of Appeals · 1892
- Kittel v. . DomeyerNew York Court of Appeals · 1903
- Crossman Co. v. RauchNew York Court of Appeals · 1934
- Walker v. United StatesCourt of Appeals for the Eighth Circuit · 1936
- Brick v. . CampbellNew York Court of Appeals · 1890
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