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Civil Procedure Keyed to Field
New York Life Insurance Co. v. Dunlevy
Citation:
241 U.S. 518 (1916)Facts
Effie J. Gould Dunlevy instituted suit in California Superior Court in January 1910 against New York Life Insurance Company and her father, Joseph W. Gould, seeking $2,479.70, the surrender value of a life insurance policy she claimed had been assigned to her in 1893. Both defendants were properly served in California. Previously, in 1907, Boggs & Buhl had obtained a default judgment against Mrs. Dunlevy in Pennsylvania Common Pleas Court where she then resided. In November 1909, after the policy’s tontine dividend period expired, Boggs & Buhl initiated garnishment proceedings in Pennsylvania against both the insurance company and Gould. The insurance company filed a petition for interpleader, paid the funds into the Pennsylvania court in March 1910, and notice was sent to Mrs. Dunlevy in California, but she did not appear. A feigned issue was tried, the jury found no valid assignment existed, and the funds were paid to Gould in October 1910. The insurance company argued these Pennsylvania proceedings barred Mrs. Dunlevy’s California action.
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