Eldredge v. Mutual Life Insurance Co. of New York
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on February 14, 1913, and afterwards amended, by the trustee in bankruptcy of Walter S. Gallagher against the Mutual Life Insurance Company of New York and Mabel H. Gallagher, wife of the bankrupt, seeking to establish the right of the plaintiff to the proceeds of an endowment life insurance policy upon the life of the bankrupt, who had died, and to enjoin the wife from asserting any right to such proceeds under the assignment…
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Bill in equity, filed in the Superior Court on February 14, 1913, and afterwards amended, by the trustee in bankruptcy of Walter S. Gallagher against the Mutual Life Insurance Company of New York and Mabel H. Gallagher, wife of the bankrupt, seeking to establish the right of the plaintiff to the proceeds of an endowment life insurance policy upon the life of the bankrupt, who had died, and to enjoin the wife from asserting any right to such proceeds under the assignment described in the opinion. The defendant Mabel H. Gallagher demurred to the amended bill. The demurrer was sustained by…
1Opinion of the CourtRugg, C. J.
The allegations of the bill are in substance that Walter S. Gallagher was adjudged a bankrupt on November *44526, 1912, and died on January 24, 1913, and that on the latter day the plaintiff was appointed trustee; that the bankrupt held • an endowment policy of insurance on his own life in the defendant insurance company; that on November 26, 1912, he assigned all his right, title and interest in the policy “in case of the insured’s death prior to the end of the endowment period,” to his wife “if living, if not living, to the insured’s executors, administrators and assigns,” concluding with this…
2Cases cited7 opinions
- Everett v. JudsonSupreme Court of the United States · 1913
- Holden v. StrattonSupreme Court of the United States · 1905
- Bailey v. WoodMassachusetts Supreme Judicial Court · 1909
- Andrews v. PartridgeSupreme Court of the United States · 1913
- Blinn v. DameMassachusetts Supreme Judicial Court · 1911
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Second Society of Universalists v. Royal InsuranceMassachusetts Supreme Judicial Court · 1915
- Hiroshima v. Bank of ItalyCalifornia Court of Appeal · 1926
- Goldman v. MosesMassachusetts Supreme Judicial Court · 1934
- Rosenberg v. RobbinsMassachusetts Supreme Judicial Court · 1935
- First National Bank v. MatheyMassachusetts Supreme Judicial Court · 1941
2 more not listed; retrieve them via the Exa API.