Legal Opinion

Emerick v. Coakley

Court of Appeals of Maryland

Decided February 15, 1872PublishedCited by 17 opinions

Appeal from the Circuit Court of Baltimore City. In 1869, William PI. Emerick and Catherine Y. Emerick, his wife, assigned a policy of life insurance upon the life of the former, for the sole and separate use of the latter, in the Charter Oak Life Insurance Company, to Coakley Brothers, for the purpose of securing to them the payment of certain notes of William IT.

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Appeal from the Circuit Court of Baltimore City. In 1869, William PI. Emerick and Catherine Y. Emerick, his wife, assigned a policy of life insurance upon the life of the former, for the sole and separate use of the latter, in the Charter Oak Life Insurance Company, to Coakley Brothers, for the purpose of securing to them the payment of certain notes of William IT. Emeriek, given in liquidation of an indebtedness of the firm of which he was a member, and in consideration of an extension of time for the payment of the same. In 1870, William IT. Emeriek died, and thereupon his widow and Coakley…

1Opinion of the CourtGrason, J.

The question presented upon this appeal is, whether the assignment by the appellant and her husband to the appellees, of a policy of insurance on her husband’s life, obtained for her sole and separate use, is valid.

Its validity is questioned upon several grounds, and first, because it was not understood by the appellant, and was without consideration.

We have carefully examined and considered the evidence contained in the record, and wo think that it clearly shows *190' that the firm of Ross & Emerick, of which William H. Emerick, the husband of the appellant, was a member, was indebted to the…

2Cases cited9 opinions

  1. New York Life Insurance v. FlackCourt of Appeals of Maryland · 1852
  2. Berrett v. OliverCourt of Appeals of Maryland · 1835
  3. Whiting ex rel. Sun Mutual Insurance v. Independent Mutual InsuranceCourt of Appeals of Maryland · 1860
  4. Michael v. BakerCourt of Appeals of Maryland · 1858
  5. Tiernan v. PoorCourt of Appeals of Maryland · 1829

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3Cited by17 opinions

  1. Gatzweiler v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1908
  2. Rittler v. SmithCourt of Appeals of Maryland · 1889
  3. Strohecker v. Schumacher & Seiler, Inc.Court of Appeals of Maryland · 1945
  4. Medcalfe v. Brooklyn Life InsuranceCourt of Appeals of Maryland · 1876
  5. Bowen v. TiptonCourt of Appeals of Maryland · 1885

12 more not listed; retrieve them via the Exa API.

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