Levin v. Ritz
New York Supreme Court
¡■'Action to procure an adjudication that an agreement by a beneficiary, in consideration of payment of assessments and support of the insured, to assign an interest in a certificate of insurance, and an instrument executed by the insured requesting the same to be' carried out, were valid and enforcible.
Read the full summary
¡■'Action to procure an adjudication that an agreement by a beneficiary, in consideration of payment of assessments and support of the insured, to assign an interest in a certificate of insurance, and an instrument executed by the insured requesting the same to be' carried out, were valid and enforcible. On the 6th day of January, 1892, the defendant association issued to one Alois Ritz its beneficiary certificate No. 13,131, whereby it did certify that said Alois Ritz was a member of branch No. 27, of Lockport, N. Y., and did further certify that said Alois Ritz was entitled to all rights…
1Opinion of the CourtGbeeit, J.
The question is whether a contract of an infant beneficiary of a life insurance certificate to pay over to another one-half, or any other portion, of the amount payable thereby, in consideration of an agreement to pay the assessments, or a portion thereof, and to furnish support to the father of the infant during his lifetime (the father being the insured), can be enforced.
It must be conceded that the assessments paid by the other con*740tracting party are an equitable lien and charge upon the fund, and to that extent the contract of the infant is enforcible. City Savings Bank v. Whittle, 63 N.…
2Cases cited9 opinions
- Cook v. BradleySupreme Court of Connecticut · 1828
- Connecticut Mutual Life Insurance v. BurroughsSupreme Court of Connecticut · 1867
- Thomas v. . ThomasNew York Court of Appeals · 1892
- Unity Mutual Life Assurance Ass'n v. DuganMassachusetts Supreme Judicial Court · 1875
- Weisert v. MuehlCourt of Appeals of Kentucky · 1883
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Fibikowski v. FibikowskiSupreme Court of Oklahoma · 1939
- Novosel v. Sun Life Assurance Co. of CanadaWyoming Supreme Court · 1936
- Kimball v. LesterAppellate Division of the Supreme Court of the State of New York · 1899
- Farmers State Bank Of Yuma v. Harold HarmonCourt of Appeals for the Tenth Circuit · 1985
- Ballard v. LanceCourt of Appeals of North Carolina · 1969
1 more not listed; retrieve them via the Exa API.