Amberg v. . Manhattan Life Ins. Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 8,1901, reversing a judgment in favor of plaintiffs entered upon a verdict directed by the court and an order denying a motion for a new trial and dismissing the complaint.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 8,1901, reversing a judgment in favor of plaintiffs entered upon a verdict directed by the court and an order denying a motion for a new trial and dismissing the complaint. On the 31st of May, 1894, the defendant, a domestic insurance corporation, doing an ordinary life insurance business, issued a policy on the life of Emanuel Bourbon, whereby it promised to pay to Blanche Bourbon, his wife, the sum of $5,000 on the 24th of May, 1899, or on his death, if he died before that…
1Opinion of the CourtVann, J.
The question presented by this appeal is whether the money due upon a matured insurance policy, written by an ordinary life insurance company upon the life of a husband, payable to his wife, is subject to levy under a warrant of attachment issued against the property of the wife in an action brought to recover a debt owing by her.
This question has never been passed upon by the Court of Appeals. While we have held that spell a policy cannot be seized by the creditors either of the husband or the wife before it has become due and payable, we have not held that it is exempt from the claims of…
2Cases cited11 opinions
- Eadie v. . SlimmonNew York Court of Appeals · 1862
- Barry v. . Equitable Life Assurance SocietyNew York Court of Appeals · 1875
- Baron v. . BrummerNew York Court of Appeals · 1885
- Brick v. . CampbellNew York Court of Appeals · 1890
- Brummer v. . CohnNew York Court of Appeals · 1881
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Crossman Co. v. RauchNew York Court of Appeals · 1934
- Jackson v. TallmadgeNew York Court of Appeals · 1927
- Canterbury v. Northwestern Mutual Life InsuranceWisconsin Supreme Court · 1905
- In Re HorwitzDistrict Court, W.D. New York · 1933
- Levine v. Laurdan Management Corp.City of New York Municipal Court · 1942
11 more not listed; retrieve them via the Exa API.