Thompson

Fidelity & Casualty Co. v. Thompson

Good Law
128 Cal. 506·1900 Cal. LEXIS 630·61 P. 94
Supreme Court of CaliforniaMay 4, 1900S.F. No. 1218.California1,418 words

Opinion

Lead Opinion

Britt, J.

The plaintiff, an insurance corporation, instituted this action to compel the defendants to interplead concerning their respective claims to the money due on a policy of insurance issued by plaintiff on the life of one James M. Thompson, which policy was by its terms payable' to the defendant Mary R. li. Thompson, surviving wife of the insured. Said James M. Thompson died November 1, 1892. The fund in dispute, four thousand dollars in amount, was. paid into court to abide the result of the action, and the plaintiff, 'by consent of the other parties, was dismissed from the case; Mrs. Thompson disclaimed any interest in the fund; the defendant Miss. J. It. Boothe claims the whole sum in virtue of an assignment of the policy and the demand for the money due thereon to her executed by Mrs. Thompson after the death of said insured;, the defendants Chapman, Preece, Derby, and the Bank of Napa, who hold judgments against Mrs. Thompson, resist the claims of Miss Boothe and aver that such assignment was in fraud of their rights as creditors of the assignor; they pray that the fund be adjudged subject to the lien of certain executions they have caused to be levied upon the same as a credit…

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