Hirsch v. . Mayer
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered October 25, 1898, affirming such part of a judgment of Special Term as is in favor of the plaintiffs. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered October 25, 1898, affirming such part of a judgment of Special Term as is in favor of the plaintiffs. The nature of the action and the facts, so far as material, are stated in the opinion. Judgment against plaintiffs should have been directed for total failure to establish any title to the money owing by the insurance company which it deposited in court after obtaining an order of interpleader. (Bassett v. Leslie, 123 N. Y. 396; Delancy v. Murphy, 24 Hun, 503 ; Chamberlain v. Almy,…
1Opinion of the CourtLandon, J.
The plaintiffs brought thei action against the Provident Life Assurance Society to recover $5,000, the proceeds of the policy issued by the society on the life of their father, Jacob Hirsch, and payable upon his death to their mother, Jeanette Hirsch. Jacob Hirsch died September 30, 1894. The complaint alleged that Jeanette Hirsch, on October 18th, 1894, assigned the said policy and all her interest in the moneys payable under it to the plaintiffs.
The assurance society then obtained an order upon the appearance and consent of the plaintiffs and the present defendant, David Mayer, that upon…
2Cases cited1 opinion
- Clark v. . MosherNew York Court of Appeals · 1887
3Cited by4 opinions
- Males v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1975
- Gardner v. FlowersTennessee Supreme Court · 1975
- Boden v. ArnsteinNew York Court of Appeals · 1944
- Eltonhead v. Travelers InsuranceAppellate Division of the Supreme Court of the State of New York · 1917