Frost v. Craig
City of New York Municipal Court
James M. Frost recovered judgment against Daniel D. Craig. This is an application, in supplementary proceedings, to compel defendant to deliver over an endowment policy payable to himself. Defendant claims that he has assigned the policy to the estate of one Baird, of which he was executor, and to which he was indebted, and that he is not able to make such delivery.
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James M. Frost recovered judgment against Daniel D. Craig. This is an application, in supplementary proceedings, to compel defendant to deliver over an endowment policy payable to himself. Defendant claims that he has assigned the policy to the estate of one Baird, of which he was executor, and to which he was indebted, and that he is not able to make such delivery. It appears that the assignment was made by defendant’s indorsing the transfer on the policy, and depositing it in a box with the other papers of the estate in his possession. After the commencement of these proceedings, defendant…
1Opinion of the CourtMcAdam, C. J.
It is conceded that the policy, as a chose in action, was capable of assignment by paroi, if accompanied by a proper delivery, (Leinkauf v. Calman, 110 N. Y. 50, 17 N. E. Rep. 389; Cleaner Co. v. Smith, 110 N. Y. 88, 17 N. E. Rep. 671;) and that an individual, who is also executor of an estate to which he is indebted, has the right to assign to himself, as executor, his individual property, in order to secure or pay iiis indebtedness to said estate, (Scranton v. Bank, 33 Barb. 527, affirmed 24 N. Y. 424.) The contention is that, in order to make the transfer effective, the assignor must make…
2Cases cited7 opinions
- Young v. . YoungNew York Court of Appeals · 1880
- Murray v. LylburnNew York Court of Chancery · 1817
- Throop Grain Cleaner Co. v. . SmithNew York Court of Appeals · 1888
- Scrantom v. . the Farmers' and Mechanics' Bk. of RochesterNew York Court of Appeals · 1862
- Scrantom v. Farmers & Mechanics' BankNew York Supreme Court · 1860
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