Bartley v. Bartley

Resettled order denying the application of appellant, as receiver in supplementary proceedings, to compel an insurance company to pay over the cash surrender value of an insurance policy on the life of the judgment debtor, affirmed, without costs; with leave to appellant to renew such motion upon proof of compliance with section 794 of the Civil Practice Act. The non-production of the insurance policy did not require a denial of the application. The condition of the policy requiring its surrender may be disregarded upon proof that performance of such condition is impossible. (Wilcox v.…