Summary
In Morkel v. Metropolitan Life Ins. Co., 163 Misc. 366, 297 N Y Supp. 962, decided by the Appellate term of the Supreme Court of New York, an action was brought by an alleged assignee to recover the proceeds of two industrial policies containing the following provision: "Any assignment or pledge of this policy or of any benefits hereunder shall be void and of no effect."
Summary of this case from Lain v. Metropolitan Life InsuranceOpinion
November 29, 1934.
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, First District.
Tanner, Sillcocks Friend, for the appellant.
R. John Urevich, for the respondent.
We think the provision against assignment of the policy was plain and unambiguous, and must be enforced as written. ( Sacks v. Neptune Meter Co., 144 Misc. 70; affd., 238 A.D. 82; Heffernan v. Prudential Insurance Co., 88 Misc. 93.)
Judgment and order reversed, with ten dollars costs to appellant to abide the event, and motion denied.
All concur. Present — LYDON, HAMMER and SHIENTAG, JJ.