Mutual Life Insurance v. Smyth

The judgment appealed from awarded the city of New York and its commissioner of public welfare $552 to be paid out of the proceeds of an insurance policy on the life of Hugh D. Smyth, deceased, to reimburse the city for the cost of old age relief paid in that amount to Smyth during his lifetime.

The facts are not in dispute. The issue presented is solely a question of law and involves the construction of section 129 of the Public Welfare Law, which reads as follows:

“ § 129. Claim on insurance. If a person who has received relief and care at public expense, shall die leaving insurance, and the…