73 N.Y.S. 1078 | N.Y. Sup. Ct. | 1901
This action as originally brought was by these plaintiffs against the Manhattan Life Insurance Company to recover the amount due on a policy of insurance, including a mortuary dividend, amounting in all to the sum of $4,036.80. A claim was presented to the company by August and Daisy Freutel (grandchildren of the assured) for one quarter of this sum, that being the amount their father would be entitled to receive if living at the time of his father’s death. By an order of this court these grandchildren were substituted as defendants in place of the Manhattan Life Insurance Company upon its depositing the sum of $1,009.20, less certain costs, with the chamberlain of the city of Mew York to the credit of this action; this the company has done, and has, in addition thereto, paid to the plaintiffs the sum of $3,021.60, and this suit is brought to determine the ownership of the money paid into court. On December 22, 1864, the Manhattan Life Insurance Company issued a policy of insurance to Mrs. Charlotte Freutel on the life of her husband, August Freutel, for the sum of $4,000. By the terms
Judgment for plaintiffs, without costs.