Anderson v. Goldsmidt
| Decision Date | 17 December 1886 |
| Citation | 103 N.Y. 617,9 N.E. 495 |
| Parties | ANDERSON, Ex'r, etc., v. GOLDSMIDT, Substituted, etc. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
James D. Bell, for appellant, Goldsmidt, substituted, etc.
C. L. Lyon, for respondent, Anderson, Ex'r, etc.
On the thirty-first of May, 1870, the Germania Life Insurance Company issued to Barbara Goldsmidt an endowment policy upon the life of her husband, Joseph Goldsmidt, for $1,000, payable May 31, 1885, or within 60 days after due notice and proof of his death, should he die before that time. The policy, among other things, provided that, ‘in case of the death of the said Barbara Goldsmidt before the decease of the said Joseph Goldsmidt, the amount of said insurance shall be payable, after her death, to her children, for their use, or to their guardian, if under age; or, if she shall have no children, to her executors, administrators, and assigns.’ On the fifteenth of February, 1881, Barbara Goldsmidt and Joseph, her husband, united in a written assignment, signed by them, of all their right, title, and interest in and to the policy to John Anderson. The policy matured on the thirty-first of May, 1885; and, John Anderson having died, the plaintiff, as his executor, began an action to recover the amount of the policy from the insurance company, claiming under the assignment of the policy to his testator. An order was made substituting Barbara Goldsmidt as defendant, and the fund was deposited in court. She answered, setting up that the assignment was void, because she was a married woman, with children having an interest in the policy, and because the assignment was not executed in conformity with the statute. A judgment for the plaintiff having been affirmed by the general term, the defendant has appealed to this court, and attempts to sustain her appeal upon the two grounds mentioned in her answer.
It is provided, in chapter 248, Laws 1879, that ‘all policies of insurance heretofore or hereafter issued within the state of New York upon the lives of husbands for the benefit and use of their wives, in pursuance of the laws of the state, shall be, from and after the passage of this act, assignable by said wife, with the written consent of her husband, or, in case of her death, by her legal representatives, with the written consent of her husband, to any person whomsoever, or be surrendered to the company issuing such policy, with the written consent of the husband.’
Objection is made that there was...
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