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FOX v. SWARTZ

No. 35,497.

235 Minn. 337 (1952)

ELMER P. FOX v. FREDA SWARTZ AND ANOTHER, d.b.a. THE FLAME CAFE. GEORGE C. STETSON, APPELLANT.

Supreme Court of Minnesota.

January 4, 1952.

Attorney(s) appearing for the Case

Ralph L. Berman and Stetson & Jacobson, for appellant.

Henry H. Bank, for Freda and Joseph Swartz, d.b.a. The Flame Cafe, respondents.

Harold M. Fredrikson filed a brief as amicus curiae on behalf of Northwestern National Life Insurance Company of Minneapolis, Minnesota.

Walter J. Wheeler filed a brief as amici curiae on behalf of Minnesota State Association of Life Underwriters, Inc., Minneapolis Association of Life Underwriters, St. Paul Association of Life Underwriters, Central Minnesota Life Underwriters' Association, Duluth Life Underwriters' Association, Minnesota Valley Life Underwriters' Association, Southeastern Minnesota Life Underwriters' Association, Southern Minnesota Life Underwriters' Association, Tri-County Life Underwriters' Association, and West Central Minnesota Life Underwriters' Association.

MATSON, JUSTICE.

George C. Stetson as assignee of plaintiff's judgment appeals from an order granting defendant Swartz's motion to vacate a levy of execution and denying the assignee's motion for an order directing the sheriff to sell said defendant's interest in and to a 15-year insurance endowment policy.2

In this appeal we are concerned with the following issues:

(1) Is a 15-year endowment policy, prior to its maturity...

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