Jones v. New York Life Ins.
Utah Supreme Court
Appeal from the Second district court, Box Elder-county. C. H. Hart, Judge. Action by R. H. Jones against the New York Life In-sura nee Company to secure the amount of an insurance policy issued to plaintiff’s brother, Lewis H. Jones, deceased. B. H. Jones, the administrator of the estate of Lewis H. Jones, was made defendant, and the company upon paying the policy to the clerk of the court was discharged. Judgment for defendant B. H. Jones. Plaintiff appeals.
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Appeal from the Second district court, Box Elder-county. C. H. Hart, Judge. Action by R. H. Jones against the New York Life In-sura nee Company to secure the amount of an insurance policy issued to plaintiff’s brother, Lewis H. Jones, deceased. B. H. Jones, the administrator of the estate of Lewis H. Jones, was made defendant, and the company upon paying the policy to the clerk of the court was discharged. Judgment for defendant B. H. Jones. Plaintiff appeals. As the title to the chose in action (personal chattel) passed by the assignment of the policy, it becomes a chattel mortgage. “A…
1Opinion of the Court
Baiitch, J.:
This action was commenced against tbe defendant life insurance company to recover tbe sum of $1,500 on one of its policies, issued by tbe company to L. H. Jones. Tbe insured assigned tbe policy to bis brother, tbe appellant. ‘Tbe defendant company answered that B. H. Jones and R. D. Jones each claimed tbe insurance money, as administrator of tbe estate of L. H. Jones, deceased; that it was ignorant of tbe respective rights of tbe claimants, and not in collusion with either of them, — and asked that it be permitted to pay tbe money into court, and to be thence •discharged.…
2Cases cited4 opinions
- Warnock v. DavisSupreme Court of the United States · 1882
- Whittemore v. CopeUtah Supreme Court · 1895
- Ogden Clay Co. v. HarveyUtah Supreme Court · 1894
- Brown v. ParsonsUtah Supreme Court · 1894
3Cited by3 opinions
- Mercer National Bank v. White'sCourt of Appeals of Kentucky (pre-1976) · 1930
- Zolintakis v. OrfanosCourt of Appeals for the Tenth Circuit · 1941
- Yerrick v. District Court in & for Salt Lake CountyUtah Supreme Court · 1916