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Woolworth v. PHŒNIX Mutual Life Insurance Company

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 1, 1898
25 App. Div. 629 (N.Y. App. Div. 1898)

Opinion

February Term, 1898.


Order affirmed, with ten dollars costs and disbursements.


The papers used at the Special Term disclose a state of facts or circumstances which place in doubt the right of the plaintiff to recover upon the policy mentioned in the complaint, and they tend to show that the children of the assured have some interest in the policy. Without passing upon that question we are of the opinion that there was sufficient doubt shown to warrant the order for interpleading. (Code Civ. Proc. § 820; Dorn v. Fox, 61 N.Y. 264; B. O.R.R. Co. v. Arthur, 90 id. 234; Stevenson v. N.Y. Life Ins. Co., 10 App. Div. 235; Nassau Bank v. Yandes, 44 Hun, 55; Roberts v. Van Horne, 47 N.Y. Supp. 448.) The order should be affirmed, with ten dollars costs and disbursements. All concurred.


Summaries of

Woolworth v. PHŒNIX Mutual Life Insurance Company

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 1, 1898
25 App. Div. 629 (N.Y. App. Div. 1898)
Case details for

Woolworth v. PHŒNIX Mutual Life Insurance Company

Case Details

Full title:Seymour A. Woolworth, as Executor, etc., of Emily O. Sage, Deceased…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Feb 1, 1898

Citations

25 App. Div. 629 (N.Y. App. Div. 1898)

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