Opinion · New York Supreme Court
Morrison v. Warren
Morrison v. Warren, 20 N.Y.S.2d 26 (N.Y. Sup. Ct. 1940)
- Type
- Opinion
- Court
- New York Supreme Court
- Jurisdiction
- New York
- Date
- 1940-04-09
- Topic
- general
How later courts describe this case
- suit on behalf of more than 400 beneficiaries of an insurance policy following a fire appropriate where “the amount of the claims ... greatly exceeds the amount of the insurance”
Citator
UpLaw has not yet analyzed Morrison v. Warren. The absence of a flag is not a finding that it is good law.
- Cited by
- 3 opinions
MORRISONv.WARREN,174 Misc. 233(1940)
20 N.Y.S.2d 26
P. WALKER MORRISON and Others, as Trustees under a Declaration of Trust
Dated the 27th day of March, 1936, and a Plan of Reorganization for Series
B-K Mortgage Investments, Approved by an Order of the Supreme Court of the
State of New York, Entered on the 19th Day of December, 1935, Plaintiffs,
v.PHILIP WARREN, as Trustee in Bankruptcy of ESTELLE S. FIELDS, Doing
Business under the Firm Name and Style of KLEEN-RITE PROCESS CO., KLEEN-RITE
PROCESS CORPORATION and FRANKLIN NATIONAL INSURANCE COMPANY, Defendants.
PHILIP WARREN, as Trustee in Bankruptcy of ESTELLE S. FIELDS, Doing Business
under the Firm Name and Style of KLEEN-RITE PROCESS COMPANY, Plaintiff,v.
FRANKLIN NATIONAL INSURANCE COMPANY OF NEW YORK, Defendant.
(Consolidated Actions.)
Supreme Court, Special Term, New York County.
April 9, 1940.
Fields, shortly before her adjudication as a bankrupt, had on December 7, 1939, instituted the second of the above-entitled actions in Bronx county to recover the insurance money. Thereafter a trustee in bankruptcy was appointed for Fields who was substituted for her in the pending actions which were later consolidated.
Three motions are now before the court, namely: (1) A motion by the trustees for summary judgment; (2) a motion by the insurance company for judgment substantially similar to that requested by the trustees; and (3) a motion by the trustee in bankruptcy for judgment directing that the insurance moneys be turned over to him for distribution as an asset of the Fields estate.Page 235
I do not believe that the trustee in bankruptcy is entitled to possess this fund and administer it in the Federal Bankruptcy Court as part of the general estate of the bankrupt Fields. The relationship between the customers and Fields was that of bailor and bailee for hire and the insurance money herein belongs to the customers who suffered loss in the fire and not to Fields or her estate. (Utica Canning Co.v.Home Ins. Co.,132 A.D. 420;Exton Co.v.Home Fire Marine Ins. Co.,249 N.Y. 258. )
The motion of plaintiff trustees is granted.
Oscar Aronson, Esq., 11 West Forty-second street, is appointed referee to (1) take proof of and fix the amount of the claims and make distribution of the insurance fund; (2) take proof and report with his opinion as to the value of the services rendered by Isidore Rose.
The motion of the defendant insurance company is granted except that costs and disbursements will not be allowed. The motion of the trustee in bankruptcy is denied. The referee will also act as custodian of the fund without compensation. As such custodian he is to furnish a bond, the amount of which will be fixed in the interlocutory judgment to be submitted on notice. The cost of the bond and the expenses of the reference will be paid out of the estate.