Armstrong v. Warren
New York Supreme Court
Appeal from special term, Westchester county. Action by Cordelia Armstrong, as guardian, against Samuel Warren. There was a judgment in favor of plaintiff, and defendant appeals.
1Opinion of the CourtCullen, J.
This is an appeal from a judgment of the special term in favor of the plaintiff. The action was originally instituted against the Royal Arcanum to recover the amount of a benefit certificate payable, on the death of Horatio Forbes, to his two children, Madeline and Olive. The defendant conceded its liability on the certificate, but one Samuel Warren also claimed half of the fund as guardian of Madeline Forbes. The fund was therefore paid into court, and Warren substituted as defendant. The claim of the plaintiff is based upon an indorsement made by the deceased upon the certificate in July…
2Cases cited3 opinions
- Smith v. National Benefit SocietyNew York Court of Appeals · 1890
- Traders' National Bank v. ParkerNew York Court of Appeals · 1892
- Govin v. De MirandaNew York Supreme Court · 1894
3Cited by3 opinions
- Coyne v. BoweAppellate Division of the Supreme Court of the State of New York · 1897
- Kimball v. LesterAppellate Division of the Supreme Court of the State of New York · 1899
- Smith v. HarmanNew York Supreme Court · 1899