Young v. Thomason
Supreme Court of Alabama
Appeal from Calhoun Circuit Court. Heard before Hon. Hugh D. Meeeill. Action by Nellie M. Thomason against the Pittsburg Life & Trust Company on a policy on the life of her father, B. P. Thomason, payable to plaintiff as beneficiary. Defendant answered that C. H. Young, as trustee in bankruptcy of the estate of the insured, claimed the money which defendant paid into court, and Young was brought in, and under an issue made by the court propounded his claim to the money.
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Appeal from Calhoun Circuit Court. Heard before Hon. Hugh D. Meeeill. Action by Nellie M. Thomason against the Pittsburg Life & Trust Company on a policy on the life of her father, B. P. Thomason, payable to plaintiff as beneficiary. Defendant answered that C. H. Young, as trustee in bankruptcy of the estate of the insured, claimed the money which defendant paid into court, and Young was brought in, and under an issue made by the court propounded his claim to the money. From a judgment in favor of plaintiff, the trustee appeals. The title to the policy of insurance vested in the trustee' as…
1Opinion of the CourtAnderson, J.
Section 2535 of the Code of 1896 (section 4502 of Code of 1907, with a slight change), among other things, provides that “the husband or father may insure his life for the benefit of his wife, or for the benefit of his Avife and children, or for the benefit of his child or children, and such insurance is exempt from liability for his debts or engagements, or for his torts, or any penalty or damages recoverable of him, if the annual premiums thereon do not exceed five hundred dollars.” This statute Avas designed as a projection in the nature of an exemption to the class therein named, and…
2Cases cited4 opinions
- Holden v. StrattonSupreme Court of the United States · 1905
- Fearn v. WardSupreme Court of Alabama · 1886
- Tompkins v. Levy & BrotherSupreme Court of Alabama · 1888
- Craft & Co. v. StoutzSupreme Court of Alabama · 1891
3Cited by8 opinions
- Kimball v. Cunningham Hardware Co.Supreme Court of Alabama · 1915
- First National Bank of Mobile v. PopeSupreme Court of Alabama · 1959
- In Re BeckmanDistrict Court, N.D. Alabama · 1943
- Love v. First Nat. Bank of BirminghamSupreme Court of Alabama · 1934
- Betten v. WilliamsAppellate Court of Illinois · 1934
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