New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-01-26
EAN IMPORTANT INSURANCE DECISION.

THE RIGHTS OF MARRIED wOMEN-JUDGE PINK
NEY or THE BALTIMORE SUPREME BENCH
CIDEs CASE SIMILAR TO TWO SUITS PENDING
IN NEw-YORK
Judge Campbell w. Pinkney, Associate Judge
OF the Baltimore City Supreme Court, gave an import
ant decision insurance case on the 14th inst The
decision has special interest at this time, two sim
liar cases are be decided in this city within few
days. The principal points OF the opinion are gwen
below:
The case arose upon bill Of interpleader fled by the
National Life Insurance Company of the United States
Of America against the defendants Rosalie c. Barry
and Horatio L. Whitridge assignees OF William II.
Bruno. The complainant paid into court the sum VI
$1,000 admitted to be due policy Of insurance
the life OF John g. Barry, deceased and GU March 49,
1879 passed by consent that the parties In
terpead and assert their respective claims TO the fund.-
and that the complaint be dismissed, &C. The case was
heard the Of the defendants and the test
mony taken In in New York, which 1t agreed
should be read as If taken in this case.
The policy OF 5000 on the life OF John g. Barry
was issued Aug. 49, 1868, the payment Of sll2 pre-
MUM, to Mrs Rosae c. Barry, his wife. Some time In
August, 1871. Mrs Barry, then residing In NewYork
with her husband, signed blank printed assignment,
which by the direction OF Mr. Barry Mr.. Middledth,
the confidential clerk partner of Mr.. Barry. filled up
as an assignment Of this and other policies on Mr.
Barrys lfe amounting altogether to the Of $4,000
other property and assets tothe defendant, Whtdge,
for the benefit Of creditors Of Brune Mr. Middedth
signing his name to the paper as witness Mr.. Barry
transmitted the assignment BY mail to Mr. Bruno In
Baltimore. The policies were not delivered to Mr..
Bruno until January, 1877. when Mr.. Mddledith gave
them to him. and the assignment has been lost John
Barry died In New-York the 9th OF March. 1872 In
opinion Judge Pnkney says that prior to the signing
Of the paper by Mrs. Barry Mr. Bruno, under his firm
name Of " W. Bruno 4 Sons had loaned TO Mr.. Barry
the firm Of John s. Barry Co.. promissory notes,
&c, 10 the amount Of $4,000 In two papers given In
evidence, dated Baltimore May 49, 1871 and NewYork
July II. 1884, Mr. Barry agreed TO deliver all his avail
able property, including insurance policles TO the
amount of $4,000. as security for the debt Judge
Pnkney was vi opinion thai the should be decided
under the laws OF Mary land aud not those OF New York
provisions Of the Code respecting the property of
married women Judge Pinkney said they were less
difficult since the decision OF of Hall a Hume
ag Ecclest0D n Maryland $40. which In the hrst au
thoritative construction VI Section Article Is of the
Code Under this decision OF the Court Of Appeas tn
objection to the assignment because did not
unite 10 could nos be sustained. Mrs Barry had the
right under the Code TO assign the policy provided il
was With her husbands although
the husband did not join In the assignment yet BY bis
agency In making 1t wonld esop him from questioning
it, The objection TINT the assignment could DO pro
duced WAS uDtenable since Its loss " proved BY Mr.
Brune and its by Mrs Barry and Mr. Middle.
dith. Tho fourth objection. that the assignment
was q blank printed form when signed by Mrs
Barry Judge Pnkney said tie weight Of authority and
reason VAS in favor OF It's validity Tho nth and ast
objection he considered fatal TO the cls OF the trustee