Brown v. Mansur
Supreme Court of New Hampshire
Bill jn Equity, by the administrator, widow, and two minor children of Charles C. Green, deceased, to recover possession of a certificate of insurance upon the life of said Green. Facts found by the court. The defendant is the mother of an illegitimate child, of which Green was the father.
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Bill jn Equity, by the administrator, widow, and two minor children of Charles C. Green, deceased, to recover possession of a certificate of insurance upon the life of said Green. Facts found by the court. The defendant is the mother of an illegitimate child, of which Green was the father. In July, 1884, upon an understanding between Green and the defendant that provision for the support of the child, in case of his death, should be made in that way, Green procured a certificate of membership in the New England Relief Association for $1,000, and delivered it to the defendant, who retained it…
1Opinion of the CourtBingham, J.
The certificate is a chose in action assignable by parol. The fact that it provides that it may be assigned with the consent of the association and an action maintained thereon by the assignee, is simply an adoption of the common law. Boyd v. Webster, 58 N. H. 336 ; 1 Bouv. Law Dict. 265, s. 2; Foss v. Bank, 111 Mass. 285, 287. At common law, also, the assignee becomes the equitable owner, and without the consent of the debtor to the assignment of a chose in action may maintain a suit in the name of the assignor or his legal representative, and, after notice to him of the assignment, the…
2Cases cited3 opinions
- Foss v. Lowell Five Cents Savings BankMassachusetts Supreme Judicial Court · 1873
- Holcomb v. StimpsonSupreme Court of Vermont · 1836
- Haven v. HobbsSupreme Court of Vermont · 1828
3Cited by12 opinions
- Supreme Conclave v. CappellaU.S. Circuit Court for the District of Eastern Michigan · 1890
- Finn v. WalshNorth Dakota Supreme Court · 1909
- Hall v. AllenMississippi Supreme Court · 1897
- Supreme Lodge of the Fraternal Brotherhood v. PriceCalifornia Court of Appeal · 1915
- Knights of Honor v. WatsonSupreme Court of New Hampshire · 1888
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