In re Orear
Court of Appeals for the Eighth Circuit
Petition for Revision of Proceedings of the District Court of the United States for the Eastern District of Missouri. In the matter of Derr Bros., a partnership, and Jacob W. Derr and Charles C. Derr, as individuals, bankrupts. On petition by Celsus -Orear, trustee, to review an order of the District Court.
1DissentPoddock, District Judge
By the foregoing opinion of my associates it is determined each and all of the 8 policies of insurance involved herein, which are 10 payment life contracts, under the provisions of section 70a, of the bankruptcy act, by operation of law, as of the date of the adjudication (January 28, 1908), passed to the trustee in bankruptcy, with like effect as though governed by the terms of the proviso found in the section, and this notwithstanding the admitted fact that neither of said policies at the date of the adjudication had either by virtue of the terms of the contracts themselves, or by reason of…
2Cases cited15 opinions
- Central Bank of Washington v. HumeSupreme Court of the United States · 1888
- Holden v. StrattonSupreme Court of the United States · 1905
- Gould v. EmersonMassachusetts Supreme Judicial Court · 1868
- Hiscock v. MertensSupreme Court of the United States · 1907
- Lord v. DallMassachusetts Supreme Judicial Court · 1815
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