In re Conrad
District Court, W.D. Washington
In Bankruptcy. In the matter of the estate of Carl Conrad, bankrupt. Petition by Albert Dahl claiming equitable interest in proceeds of insurance policy. The referee found in favor of petitioner, and the trustee seeks review.
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In Bankruptcy. In the matter of the estate of Carl Conrad, bankrupt. Petition by Albert Dahl claiming equitable interest in proceeds of insurance policy. The referee found in favor of petitioner, and the trustee seeks review. Albert Dahl asserts a demand against the bankrupt estate, supported by his proof of claim of an equitable interest in the proceeds received from an insurance policy covering the stock of merchandise owned by the bankrupt, and thereafter destroyed by fire. The referee found that the bankrupt, for value, on the 9th day of August, 1921, executed and delivered his promissory…
1Opinion of the Court
-NETERER, District Judge
(after stating the facts as above). Erom the findings, to which no exceptions are taken, the rights of the parties must be governed by the scope and object of the agreement. Wheeler v. Insurance Co., 101 U. S. 439, 442, 25 L. Ed. 1055. The object was indemnity for the loan /the rights were vested long prior to any claim .of the creditors under the bankruptcy act. Notice of the claim of Dahl was given when the mortgage was filed a year pri- or to the loss. If the fire had not occurred, the mortgage would have been a prior lien upon the estate. The stock of goods was a…
2Cases cited9 opinions
- Wheeler v. Insurance Co.Supreme Court of the United States · 1880
- Swearingen v. Hartford Ins.Supreme Court of South Carolina · 1898
- Wilder v. WattsDistrict Court, D. South Carolina · 1905
- Cascade Fire & Marine Insurance v. Journal Publishing Co.Washington Supreme Court · 1890
- In re West Norfolk Lumber Co.District Court, E.D. Virginia · 1902
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3Cited by2 opinions
- In Re EstesDistrict Court, N.D. Texas · 1952
- In re Helicopter Air Transport, Inc.District Court, D. New Jersey · 1949