Burton v. . Farinholt
Supreme Court of North Carolina
Civil Action tried at Fall Term, 1881, of Halifax Superior Court, before Gilmer, J. On the 13th of June, 1866, the late Edward Conigland effected au insurance of five thousand dollars on his life with the iEtna Insurance Company, of Hartford, for the benefit of himself, his executors, administrators and assigns, and procured a policy for the same payable ninety days after notice and proof of death.
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Civil Action tried at Fall Term, 1881, of Halifax Superior Court, before Gilmer, J. On the 13th of June, 1866, the late Edward Conigland effected au insurance of five thousand dollars on his life with the iEtna Insurance Company, of Hartford, for the benefit of himself, his executors, administrators and assigns, and procured a policy for the same payable ninety days after notice and proof of death. On the 14th of June, 1877* he made a voluntary assignment of said policy to his three daughters, the defendants Fanny, Annie and Margaret — he being then insolvent and without retaining property…
1Opinion of the CourtRuffin, J.
On the argument here three points have been raised for consideration:
First. Whether the transfer of the policy can be held to be fraudulent as to creditors, upon the mere ground that it was voluntary and without valuable consideration, and that the assignor was at the time insolvent.
Second. Whether the fund derived from the policy can be followed in the hands of the daughters, and subjected to the payment of debts, since the policy was but a chose in action and not itself the subject of execution.
Third. Whether the plaintiff, as administrator can maintain this action, or whether he is…
2Cases cited2 opinions
- Henry v. WillardSupreme Court of North Carolina · 1875
- Winchester v. . GaddySupreme Court of North Carolina · 1875
3Cited by21 opinions
- Guarantee Loan & Trust Co. v. FayWashington Supreme Court · 1896
- Bailey v. WoodMassachusetts Supreme Judicial Court · 1909
- Michael v. MooreSupreme Court of North Carolina · 1911
- Kiff v. . WeaverSupreme Court of North Carolina · 1886
- Michael v. . MooreSupreme Court of North Carolina · 1911
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