Lilley v. Mutual Benefit Life Insurance
Michigan Supreme Court
Appeal from Kent. (Grove, J.) Bill to obtain a reassignment of'a life insurance policy on payment of the amount due the assignee and secured by the assignment. Defendant McBrien appeals. The facts are stated in- the opinion.
1Opinion of the Court
Morse, O. J.
At his death Fred A. Holcomb had a life insurance policy in the defendant company for $10,000,which had been assigned to the defendant Walter H. McBrien *157absolutely in form. Tbe administrator of his estate filed the bill of complaint in this case, claiming that this assignment, while absolute in its terms, was really assigned as collateral security for moneys advanced by McBrien to Holcomb, and that the estate of Holcomb was entitled to a reassignment of it, upon payment to McBrien of the amount of his indebtedness. McBrien filed proofs of death, and claims that he is entitled to…
2Cases cited2 opinions
- In re the Estate of BennettMichigan Supreme Court · 1884
- Palmer v. PeckMichigan Supreme Court · 1892
3Cited by13 opinions
- Cole v. . SweetNew York Court of Appeals · 1907
- Gacesa v. Consumers Power Co.Michigan Supreme Court · 1922
- Merchants' Loan & Trust Co. v. EganIllinois Supreme Court · 1906
- Merrill v. LeisenringMichigan Supreme Court · 1911
- Wilbur v. GroverMichigan Supreme Court · 1905
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