Kratzenstein v. Lehman
New York Supreme Court
Appeal by the defendant Lehman from so much of an order of the General Term of the-City Court, made November 30, 189'6, as affirms an order of the Special Term of the City Court, made April 13, 1896, denying the said defendant’s motion to vacate and set aside the judgment entered in the above action..
1Opinion of the CourtDaly, P. J.
The plaintiff entered a judgment .by default against the 'defendant as a nonresident, based upon an order of publication and an attachment levied, upon the interest of the defendant in a policy of life insurance issued by the Manhattan Life Insurance Company. A motion' was made, among other things, to vacate the judgment as unauthorized.
The defendant, Lehman, resided in the state of Louisiana, and was the holder of a.policy on his life for the sum of $5,000 in the said company, payable at death or in ten years.. .The sheriff did not take the policy into.his actual custody, but made the "levy…
2Cases cited3 opinions
- O'Brien v. Mechanics' & Traders' Fire InsuranceNew York Court of Appeals · 1874
- Hankinson v. PageU.S. Circuit Court for the District of Southern New York · 1887
- Excelsior Steam Power Co. v. Cosmopolitan Pub. Co.New York Supreme Court · 1894