New-York tribune., 1896-05-09
A COMPLICATED INSURANCE CASE.
TWO CHILDREN ASSERT THAT THE ASSIGNMENT
OF AN INTEREST IN THEIR FATHERS LIFE

r,-, -tr,rnprN ASSERT THAT THE ASSIGNMENT
OF AN INTEREST IN THEIR FATHERS LIFE
POLICY WAS NOT THEIR FREE ACT
The trial of a suit brought by Mrs Cecea lopn'%
and Miss Selma Lisner against the MUTUAL i''e II"
surance Company. OF New-York, their mother' Hosa
Ilsncr Louis Bauer. c. Ernest Netter ana heopou
Warach as executors OF the will OF Charles Bauer,
10 have an alleged assignment OF poicy iof '''V"
on the life of their father reinsated and declared
pavable was ON before Justice Andrews In Speciai
Term Part V OF the Supreme Court yesterday.
The plaintiffs who are sisters. allege that their
fe her by reason Of his influence over them ana ther
dependence upon him for support Induced them 10
assign and sell their right, title and interest IN
nolcv Of insurance on his lfe The policy OF nsur-
ance was several times assigned and was nhals
surrendered for a valuable consideration to the MI
tuaI Life Insurance Company. who declared II can
ceed A peculiar feature Of the case IL that whiie
Mrs Rosa Llsner the mother OF the plaihtihs' ls
named "a a defendant she is In reality asking the
courts for relief from the assignments OF the pocy
az are the plaintiffs She also wants the policy re-
irstated and the money paid to her FAMILY Ac-
cording to the complaint drawn by Blumenstel ana
IIirsch. counsel for the plaintiffs. George Lisner'
father OF the plaintiffs who lived for many years al
No llj East Sevenieth-st.. on or about January o.
1873 procured from the Mutual Life Insurance COM
pany a policy for SScol on his life. HIS daughters
Cecilia and Selma Llsner. were made benehclares
under this policy
From the date Of insurance of the policy until jan
nary 8 1893 the plaintiffs aege the annual premium
of s2ls was accepted on their behalf by the Insurance
company on the latter date the insurance company
refused 10 accept from the plaintiffs the premium
for the following year. In the complaint, Cecelia
Lisner now Mrs. Topiitz alleges that on July e
1855 when she was twenty-five years old. and an
equal owner with her sister OF the insurance policy
although then ignorant Of her ovnershli-ehe was
living with her father and mother and dependent
uron them for support on that day Mrs. Toplitz
alleges that her father. George Lsner. acting for
and on behalf OF her mother. Rosa Lisner. taking
advantage OF said plaintiffs (Mrs. Topl!tzs) de-
pendence upon him for support and OF her trust and
confidence In him. and by undue influence. coercion
ana compulson compelled and prevailed on her to
sign her name TO paper. the precise nature ana
eject OF which che DID not know.
She says that Il was until october IL. ls93 that
she learned that the Mutual Life Insurance Com
plny alleged 20 have acquired her right In the
ihe policy At the same time she asserts she
learned that Charles Bauer. who has died since.
insisted that the paper which she had signed years
before assigned her interest in the policy. Mrs
Toplitz SAYS tina, the signature not her free act
and signed In obedience to the requirements OF
her father and under compulson that her refusal to
DO so would subject her 10 his dspleasure
Miss Selma Lisner sets forth the same facts as her
sister Following other assignments. Mrs Lisner.
with the consent OF her husband. 1t Is asserted as.
signed the policy 10 Charles Bauer. as collateral
security for a loan OF si.id on october IL. 1929.
Bauer in consideration OF Nis, assigned the policy
10 the Mutual Life Insurance Company. and the
policy cancelled by the company
The plaintiffs say that they have rendered the
with interes, and landed that the policy be re-
Vivcd This the company declines 10 do. The plain
tins ask the Court to declare the surrender and
policy In full force and effect
George Lisner died In April. 1884, The purpose of
cover tn, $500 on I.sners life The trial was ad-
Journed until Monday morning.