Mapes v. Coffin
New York Court of Chancery
The bill in the first of the above causes was filed against She executors of Amos Coffin, deceased, and the Washington Insurance Company, to obtain payment of a judgment debt, out of the amount due upon a policy of insurance upon the goods of A. Coffin"; which goods were destroyed by fire, after the complainants’ execution had been levied thereon.
Read the full summary
The bill in the first of the above causes was filed against She executors of Amos Coffin, deceased, and the Washington Insurance Company, to obtain payment of a judgment debt, out of the amount due upon a policy of insurance upon the goods of A. Coffin"; which goods were destroyed by fire, after the complainants’ execution had been levied thereon. The complainants in the second suit also sought payment of a judgment recovered by them against the executors of A. Coffin, subsequent to the fire. Both causes were referred to the vice chancellor of the fourth circuit, to be heard together, in…
1Opinion of the Court
The Chancellor.
The complainant, Mapes, having obtained the first judgment against the personal representatives, and levied his execution upon the goods of the testator in *298their hands, was entitled to a priority in payment •; the money due upon, the policy?" being legal and not equitable assets, and t.he testator having died previous to the revised statutes. And the amount of the assets being less than the sum which was due "upon the judgment of Mapes, the bill of the appellants was properly dismissed. The merits of the case are therefore clearly with the respondents.
Again; the counsel for the…
2Cited by7 opinions
- Rohrbach v. . Germania Fire Ins. Co.New York Court of Appeals · 1875
- Chittenden v. BrewsterSupreme Court of the United States · 1865
- Kelsey v. . WesternNew York Court of Appeals · 1849
- Fairchild v. House ex rel. KnightSupreme Court of Florida · 1882
- Vaill v. McPhailSupreme Court of Rhode Island · 1912
2 more not listed; retrieve them via the Exa API.