Legal Opinion · Dissent

Hall v. Hess

Appellate Terms of the Supreme Court of New York

Decided November 15, 1916Published

Appeal from an order of the City Court of the city of New York adjudging judgment debtor in contempt.

1Dissent

Shearn, J. (dissenting).

The first question to be determined is whether the insurance policies, the disposition of a part of whose proceeds constituted the adjudged contempt, were exempt under section 52 of the Domestic Relations Law. The first policy, No. 789,413, was a tontine policy taken out by the judgment debtor and provided for payment to his wife, her executors, administrators or assigns. No claim is made or could be plausibly made that the policy was a contract between the insurance company and the wife. But appellant contends that under the decision in Whitehead v. New York Life Ins.…

2Cases cited7 opinions

  1. Whitehead v. . New York Life Ins. Co.New York Court of Appeals · 1886
  2. Moffat v. . HermanNew York Court of Appeals · 1889
  3. Bradshaw v. . Mutual Life Ins. Co.New York Court of Appeals · 1907
  4. Jacobs v. StrumwasserAppellate Terms of the Supreme Court of New York · 1914
  5. Lowenstein v. KochAppellate Division of the Supreme Court of the State of New York · 1915

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API