Prudential Ins. Co. of America v. Liersch

• Decision Date: 21 December 1899
• Citation: 81 N.W. 258,122 Mich. 436
• Court: Michigan Supreme Court
• Parties: PRUDENTIAL INS. CO. OF AMERICA v. LIERSCH et al.

81 N.W. 258

122 Mich. 436

PRUDENTIAL INS. CO. OF AMERICA v. LIERSCH et al.

Supreme Court of Michigan

December 21, 1899

Appeal from circuit court, Wayne county, in chancery; Robert E Frazer, Judge.

Bill of interpleader by the Prudential Insurance Company of America against Gertrude P. Liersch and Garret Van Winkle to determine title to moneys paid into court by complainant. From a decree in favor of defendant Liersch, defendant Van Winkle appeals. Affirmed.

Galloway & Graham, for appellant Van Winkle.

William E. Henze, for appellee Liersch.

LONG J.

This cause was heard in open court, and the following opinion filed in it by Judge Frazer: 'This is a bill of interpleader, in which the complainant, the Prudential Insurance Company, having paid certain moneys into court asks to have a decree entered as to whether that money shall be paid to the defendant, Gertrude P. Liersch, or to Garret Van Winkle, special administrator of Henry Michelsen's estate. The facts in this case, as I understand them, are Henry Michelsen obtained from the Prudential Insurance Company an insurance policy for the sum of $1,000 upon his own life, payable to his executors administrators, or assigns; that he paid the premiums upon the same for some years. The policy was obtained on the 6th day of April, 1891, and Michelsen paid the premiums until July 10, 1894, at which time he assigned, with the consent of the company, his interest in the policy, to the defendant, Gertrude Liersch. At the time of said assignment, if the premiums had not been paid, the policy would have lapsed, and under the rules and regulations of the company, as shown by the testimony, would have been of no value whatever. On July 10th, or thereabouts, Henry Michelsen went to one Selling, the agent of the Prudential Insurance Company of Detroit, and told him that he was unable to keep up the payment of premiums, and that he desired to assign his policy to Gertrude P. Liersch, who had been his housekeeper and nurse, and wanted to ascertain from the agent of the company whether he could do so. The agent of the company informed him that he could, and then and there, through the instrumentality of the agent, an assignment was prepared, which was offered in evidence, assigning his interest in the policy to Gertrude P. Liersch, after which Gertrude P. Liersch paid the premiums that subsequently became due upon the policy for some time until the death of Henry Michelsen, and now she claims that on account of said assignment and the payment of these premiums upon her part, sh...