Legal Opinion

McDonald v. Birss

Michigan Supreme Court

Decided March 20, 1894PublishedCited by 2 opinions

Appeal from Saginaw. (Edget, J.) Bill to determine the ownership of the proceeds of a life-insurance policy. Complainant appeals. The facts are stated in the opinion.

1Opinion of the CourtGrant, J.

December 31, 1886, the Northwestern Mutual Life Insurance Company issued a policy upon the life of one Alpha F. Dunton, payable “ unto his executors, administrators, and assigns." Dunton, being indebted to William L. Webber, executor and trustee of the estate of Jesse Hoyt, in the sum of $2,150, assigned the policy to him. The assignment was absolute in form, but was in fact made and received to secure this debt. September 2, 1891, Dunton assigned the policy to the complainant, subject to the rights and interest of Webber. This assignment was also absolute in form. On the same day Dunton and…

2Cases cited1 opinion

  1. Metropolitan Life Insurance v. O'BrienMichigan Supreme Court · 1892

3Cited by2 opinions

  1. Lyon v. LindbladMichigan Supreme Court · 1906
  2. Balcer v. PetersMichigan Court of Appeals · 1972

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