Opinion
No. 28275
Decided October 2, 1940.
Supreme Court — Dismissal — No debatable constitutional question involved — Husband and wife executed note and mortgage — Insurance policies issued to husband with wife as beneficiary — Sections 9398-1, and 9394, General Code, enacted exempting proceeds to beneficiary — Foreclosure of mortgage and deficiency judgment against wife — Creditor's bill and judgment for beneficiary — Wife and insurer — Laws impairing obligation of contracts — Section 28, Article II, Ohio Constitution — Section 10, Article I, U.S. Constitution.
APPEAL from the Court of Appeals of Cuyahoga county.
Mr. Thomas J. Herbert, attorney general, Mr. A.O. Husband, Mr. Alfred Lawrence and Mr. Winfield Worline, for appellant.
Messrs. Squire, Sanders Dempsey, for appellee, The Equitable Life Assurance Society of the United States.
Messrs. McKeehan, Merrick, Arter Stewart, for appellee, The State Mutual Life Assurance Company. Mr. Jack B. Dworken and Mr. Morton R. Dworken, for appellees, Minnie N. Brown and others.
It is ordered and adjudged that said appeal as of right be, and the same hereby is, dismissed for the reason no debatable constitutional question is involved in said cause.
Appeal dismissed.
WEYGANDT, C.J., DAY, ZIMMERMAN, MATTHIAS and HART, JJ., concur.
WILLIAMS, J., not participating.