Barry v. . Brune
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 8 Hun, 395.) This action was brought by plaintiff, the widow of John S. Barry, deceased, to determine her right to two policies of insurance issued by defendant, The Mutual Life Insurance Company, and recover the amount thereof.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 8 Hun, 395.) This action was brought by plaintiff, the widow of John S. Barry, deceased, to determine her right to two policies of insurance issued by defendant, The Mutual Life Insurance Company, and recover the amount thereof. The facts as found by the court are substantially as follows: In July, 1871, the plaintiff was the owner of two policies of insurance issued by the…
1Opinion of the CourtEarl, J.
The questions involved upon this appeal were so thoroughly examined and considered in the Supreme Court that little more is needed here than briefly to announce the conclusions we have reached.
First. The case of Barry v. The Equitable Life Assurance Co. (59 N. Y., 587), concerned one of the policies attempted to be assigned by the same instrument which was proved in this case. It was there held that the assignment was wholly invalid, and conveyed no legal or equitable title to, or interest in, the policies attempted to • be assigned. That, like this, was an equitable action to determine the…
2Cases cited4 opinions
- Dutton v. . WillnerNew York Court of Appeals · 1873
- Barry v. . Equitable Life Assurance SocietyNew York Court of Appeals · 1875
- Chapin v. FellowesSupreme Court of Connecticut · 1869
- Norwood v. GuerdonIllinois Supreme Court · 1871
3Cited by23 opinions
- Aetna Life Insurance v. DunkenSupreme Court of the United States · 1925
- Shipman v. . Protected Home CircleNew York Court of Appeals · 1903
- Pilcher v. New York Life InsuranceSupreme Court of Louisiana · 1881
- Pingrey v. National Life InsuranceMassachusetts Supreme Judicial Court · 1887
- Garner v. . Germania Life Ins. Co.New York Court of Appeals · 1888
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