Herkimer v. . Rice
New York Court of Appeals
Actiok to obtain the direction of the Supreme Court respecting the disposition to be made of a sum of $7,068.46, which had been paid into the hands of the defendant Brainard, as surrogate of the county of Kings, being the proceeds of certain policies of insurance upon buildings formerly belonging to John Ricé, deceased; which money the plaintiff Herkimer, his administrator, who was also a creditor of his estate, claimed to be distributable among his creditors.
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Actiok to obtain the direction of the Supreme Court respecting the disposition to be made of a sum of $7,068.46, which had been paid into the hands of the defendant Brainard, as surrogate of the county of Kings, being the proceeds of certain policies of insurance upon buildings formerly belonging to John Ricé, deceased; which money the plaintiff Herkimer, his administrator, who was also a creditor of his estate, claimed to be distributable among his creditors. Sheppard, the other plaintiff, was likewise a creditor. The defendants, besides the surrogate, were five infants, the children and…
1Opinion of the Court
Denio, Ch. J.
The counsel for the administrator and the creditors maintains that, though it should be considered that the contracts of insurance which were in force at the time of the loss were effected by, and were the property of, the heirs, the insurance moneys should still, in consequence of the events which have happened,i be applied towards the payment of the debts of the intestate. These moneys, it is argued, are a substitute for so much of the real estate as had been destroyed by fire; and inasmuch as the whole real estate would have been chargeable with the debts if no accident had…
2Cases cited2 opinions
- Wyman v. . WymanNew York Court of Appeals · 1863
- Carter v. RockettNew York Court of Chancery · 1840
3Cited by45 opinions
- Rohrbach v. . Germania Fire Ins. Co.New York Court of Appeals · 1875
- Berry v. American Central Insurance Co. of St. LouisNew York Court of Appeals · 1892
- Clinton v. . the Hope Insurance CompanyNew York Court of Appeals · 1871
- Waring v. . the Indemnity Fire Ins. Co.New York Court of Appeals · 1871
- Riggs v. Commercial Mutual InsuranceNew York Court of Appeals · 1890
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