Marks, Rothenberg & Co. v. N. H. & R. L. Bradley
Mississippi Supreme Court
From tbe chancery court of Madison county. Hon. H. C. Conn, Chancellor. The opinion states the facts. 1. The proceeds of the insurance belonged to the firm. The partner had no right to the money because he held the legal title of the building.. Insurance is a personal contract, and the money is not the proceeds of the property. The non-insured, whether mortgagee, creditor, owner, or other person, has no claim to it, either legal or equitable. Bernheim y.
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From tbe chancery court of Madison county. Hon. H. C. Conn, Chancellor. The opinion states the facts. 1. The proceeds of the insurance belonged to the firm. The partner had no right to the money because he held the legal title of the building.. Insurance is a personal contract, and the money is not the proceeds of the property. The non-insured, whether mortgagee, creditor, owner, or other person, has no claim to it, either legal or equitable. Bernheim y. Beer, 56 Miss., 149; Carpenter v. Ins. Co., 16'Pet., 495; Nippes’ Appeal, 75 Pa. St., 472; Smith v. Ratcliff, 66 Miss., 683. Accordingly,…
1Opinion of the CourtCooper, J.
On the twenty-fifth day of February, 1891, N. Ii. & B. L. Bradley, a commercial firm, made an assignment of the partnership assets for the payment of partnership creditors, with preferences. The conveyance purports to convey all the partnership property. The present bill was exhibited by certain creditors of the firm, attacking the assignment as fraudulent. These facts are relied upon to invalidate it: Some weeks prior to the assignment the firm was indebted to James, Lawson & Gordon in about the sum of $4,000. These creditors held as collateral security certain notes and accounts, but were…
2Cases cited17 opinions
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- Hardcastle v. FisherSupreme Court of Missouri · 1856
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3Cited by5 opinions
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