Myers v. D'Meza
U.S. Circuit Court for the District of Louisiana
In equity. Heard upon bill and plea in bar. The case made by tiie'bill was as follows: The complainants,' [Myers & Levy,] during the lifetime, of [A. D.) D’Meza, advanced to him the 'sum of $3,524, on the condition that he would assign to then! a certain policy of insurance on his life for $5,000. D’Meza did indorse an assignment on the policy, but died before delivering the policy to complainants.
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In equity. Heard upon bill and plea in bar. The case made by tiie'bill was as follows: The complainants,' [Myers & Levy,] during the lifetime, of [A. D.) D’Meza, advanced to him the 'sum of $3,524, on the condition that he would assign to then! a certain policy of insurance on his life for $5,000. D’Meza did indorse an assignment on the policy, but died before delivering the policy to complainants. His executor, instead of complying with the contract of his testator by delivering the policy to complainants, collected the money due thereon from the insurance company, and refused to pay the…
1Opinion of the Court
WOODS, Circuit Judge.
The proof to support the plea is a certified transcript from the record of the probate court of the parish of Orleans, of the opposition of the complainants, Myers & Levy, to the provisional tableau of the defendant, as executor of A. D. D’Meza, and the decree of the supreme court rendered on appeal. The provisional tableau to which their opposition was made shows that Myers & Levy were placed in the same as ordinary • or general creditors. The opposition to this tableau represented that opponents had' a special lien oh said policy of $5,000, to secure the payment of…
2Cases cited4 opinions
- Shaffer v. ScuddySupreme Court of Louisiana · 1859
- Slocomb v. de LizardiSupreme Court of Louisiana · 1869
- Succession of D'MezaSupreme Court of Louisiana · 1874
- Williams v. CloseSupreme Court of Louisiana · 1857