Pagel v. Maclean, 283 U.S. 266 (1931)

Pagel v. MacLean

No. 176

Argued March 5, 1931
Decided April 13, 1931
283 U.S. 266

CERTIORARI TO THE SUPREME COURT OF MINNESOTA

Syllabus

The present value of unpaid installments of war risk insurance was paid to the administrator of the insured. Upon an accounting by the administrator, the state supreme court directed payment of the insurance money to the mother of the insured, rather than to his creditors. Pending application by the administrator for certiorari, the mother died, and, after the granting of the writ, her administrator was substituted as respondent. Held that, inasmuch as the death gave rise to new questions as to the distribution of the fund which affected persons not parties and which could not be disposed of on the present record, the proper course is not to dismiss the certiorari, but to vacate the judgment and remand for further proceedings. P. 268.

179 Minn. 402, 229 N.W.2d 344, reversed.

Certiorari, 282 U.S. 819, to review a judgment directing that the proceeds of war risk insurance be paid by the administrator of the insured (petitioner here) to the mother of the insured in preference over creditors. The mother died while the application for certiorari was pending. Substituting of the respondent administrator was ordered after the granting of the writ.