Legal Opinion

Brandt v. Godfrey

New York Supreme Court

Decided October 14, 1939PublishedCited by 2 opinions

1Opinion of the CourtMcLaughlin, J.

This is an action to have an equitable lien against the proceeds of a policy of life insurance on the ground that plaintiff is entitled to such lien because he paid the premiums.

Both sides move for judgment. The only question involved is whether the plaintiff, who paid certain premiums of insurance on the life of a deceased insured, is entitled to an equitable lien for the unpaid balance of the amount he has so paid. The facts are admitted. The plaintiff claims an equitable lien and the defendant urges that he has no such lien but is a general creditor of the deceased’s estate.

It would seem…

2Cases cited3 opinions

  1. Hedges v. Dixon CountySupreme Court of the United States · 1893
  2. Colonial Trust Co. v. Central Trust Co.Supreme Court of Pennsylvania · 1914
  3. Morgan v. Mutual Benefit Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1909

3Cited by2 opinions

  1. Brandt v. GodfreyNew York Supreme Court · 1941
  2. In re SkorubskasNew York Surrogate's Court · 1954

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