Gershman v. Berliner

McAvoy, J.:

A receiver was appointed in 1922 in supplementary proceedings of the property of Max Berliner, a judgment debtor. The judgment recovered was for $126.22. The property that the receiver seeks to hold is the cash surrender value under a policy of fife insurance of $1,000 in which Annie Berliner is the beneficiary. The cash surrender value under the policy is $231.81.

The receiver made a motion in this proceeding to direct the insurance company to pay to him this cash surrender value in so far as it was necessary to pay the judgment with costs and expenses. This motion was opposed and…