Isaac Van Dyke Co. v. Moll

The question here presented is aptly stated by defendants’ counsel as follows:

“Under the garnishment law of Michigan, can the cash value of a life insurance policy be reached by a creditor of the insured, when the insured has not performed the acts made necessary by the policy to entitle him to maintain an action against the insurer for the same?”

The “acts” referred to are the election to take, the surrender of the policy, and demand for payment. The carefully prepared briefs which have been filed have greatly aided us in reaching a conclusion. It is conceded that the question is a new one.in…