Knevals v. Blauvelt
Supreme Judicial Court of Maine
Agreed statement. This was an action of debt, commenced by trustee process, on a judgment recovered October 11th, 1886, by the plaintiffs against the principal defendant, in the city court of New York. All the parties to the action, except the trustee, were inhabitants of that state. The facts are sufficiently stated in the opinion. At the date of the assignment there was nothing due Blauvelt under the contracts.
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Agreed statement. This was an action of debt, commenced by trustee process, on a judgment recovered October 11th, 1886, by the plaintiffs against the principal defendant, in the city court of New York. All the parties to the action, except the trustee, were inhabitants of that state. The facts are sufficiently stated in the opinion. At the date of the assignment there was nothing due Blauvelt under the contracts. The receipt of premiums was a condition precedent to any liability of the trustee. May Insurance, 314 a, 342. Whether or not there would ever be any liability on the part of the…
1Opinion of the CourtPeters, C. J.
The contest in this case is between the plaintiffs, who attach by trustee process a fund in the hands of the Union Mutual Life Insurance Company of Portland, and a person who claims the fund as an assignee of the principal defendant under the general assignment law of the State of New York. The plaintiffs, defendant, and claimant are residents of New York. The insurance company has no interest except as a stakeholder.
The fund grew up out of a contract between the insurance companj1, and the defendant, who was the New York agent of the company for procuring applications for insurance in their…
2Cases cited4 opinions
- Comegys v. VasseSupreme Court of the United States · 1828
- Crocker v. WhitneyMassachusetts Supreme Judicial Court · 1813
- Waldron v. . WillardNew York Court of Appeals · 1858
- Leonard v. NyeMassachusetts Supreme Judicial Court · 1878
3Cited by3 opinions
- Rosenthal Paper Co. v. National Folding Box & Paper Co.New York Court of Appeals · 1919
- In re WrightCourt of Appeals for the Second Circuit · 1907
- In re WrightDistrict Court, W.D. New York · 1907