Bank of Greenwood v. Rawls, (1934)
Court: Supreme Court of Florida
Number:
Visitors: 13
Judges: DAVIS, C. J. —
Attorneys: Carter Pierce, for Plaintiff in Error;
John H. Carter and John H. Carter, Jr., for Defendant in Error.
Filed: Sep. 10, 1934
Latest Update: Mar. 02, 2020
Summary: This writ of error was taken to a judgment in favor of a garnishee bank which collected a check deposited by the wife of insolvent debtor, the check being in settlement and surrender of an insurance policy issued to the husband in which the wife was the beneficiary. Where the wife is the beneficiary of an insurance policy issued to the husband who in settlement of the policy receives a check which he endorses in blank to his wife who deposits it for collection, the proceeds in the hands of the c
Summary: This writ of error was taken to a judgment in favor of a garnishee bank which collected a check deposited by the wife of insolvent debtor, the check being in settlement and surrender of an insurance policy issued to the husband in which the wife was the beneficiary. Where the wife is the beneficiary of an insurance policy issued to the husband who in settlement of the policy receives a check which he endorses in blank to his wife who deposits it for collection, the proceeds in the hands of the co..
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The evidence as I understand it shows that this money was paid to the husband on account of total disability; that he, and not his wife, was the beneficiary under the policy, of payment made for total disability; that she was only a beneficiary in case of her
husband's death, but he retained the right, in case of total disability, to take half the face of the policy himself in full discharge of the policy. He did this, and the insurer paid him the amount of $1,500.00, which he gave to his wife. He being insolvent, the gift was void as against his creditor, the plaintiff in error.
ON REHEARING.
Source: CourtListener
