Bartlett v. . Goodrich
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the first judicial department, entered January 7,1896, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought by the plaintiff, as executrix, to recover the proceeds of certain policies of insurance upon the life of her testator, alleged to have been paid to the defendant by mistake.
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Appeal from a judgment of the General Term of the Supreme Court in the first judicial department, entered January 7,1896, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought by the plaintiff, as executrix, to recover the proceeds of certain policies of insurance upon the life of her testator, alleged to have been paid to the defendant by mistake. The facts, so far as material, are stated in the opinion. Upon the agreed and undisputed facts the policies of insurance, the proceeds of which are in contest in this…
1Opinion of the CourtO’Brieh, J.
The plaintiff’s husband and testator died on the 24th of May, 1894. At the time of his death he was a member of a mercantile firm, largely indebted, and on the 7th of June following his death the two surviving partners, Wood-ruff and Mitchie, made a general assignment for the benefit of creditors as such survivors, and individually, to the defendant. The plaintiff collected about $80,000 due upon policies of insurance upon her husband’s life, which sum was paid to her by the several insurance companies as executrix. The defendant Goodrich was counsel for her husband in his lifetime, and stood…
2Cases cited1 opinion
- Trustees of Amherst College v. RitchNew York Court of Appeals · 1897
3Cited by7 opinions
- Fayerweather v. RitchSupreme Court of the United States · 1904
- Critten v. Chemical National BankNew York Court of Appeals · 1902
- Howell v. John Hancock Mutual Life Insurance Co. of BostonNew York Court of Appeals · 1941
- Proctor v. MacClaskeyMassachusetts Supreme Judicial Court · 1932
- Merchants Nat. Bank of Mobile v. BertollaSupreme Court of Alabama · 1944
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