Robinson v. Mutual Reserve Life Ins.
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Southern District of New York. Suits by James C. Robinson and by Reuben O. Scovill against the Mutual Reserve Rife Insurance Company. Appeal from a final decree distributing the funds of defendant. This cause comes here upon appeal from final decree distributing the funds of defendant, an insolvent insurance company, among the several claimants.
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Appeal from the Circuit Court of the United States for the Southern District of New York. Suits by James C. Robinson and by Reuben O. Scovill against the Mutual Reserve Rife Insurance Company. Appeal from a final decree distributing the funds of defendant. This cause comes here upon appeal from final decree distributing the funds of defendant, an insolvent insurance company, among the several claimants. The company is the one which was' before the Supreme Court in Polk v. Mutual Reserve Rife Insurance Company, 207 U. S. 310, 28 Sup. Ct. 65, 55 L. Ed. 222. The opinions of the Circuit Judge…
1Opinion of the Court
LACOMBE, Circuit Judge.
[1] The special master’s report has marshaled the facts exhaustively; his report and the two opinions of Judge Ward contain all that it is necessary to say, since we concur fully in the conclusions expressed in the decree. Upon the argument our first impression was rather adverse to the proposition that the reserve fund created by the members of the old association could be made immune as against the claims of general creditors. But *349an examination of the various New York authorities which have been cited satisfies us that associations such as this may, if they choose,…
2Cited by11 opinions
- In Re Johns-Manville Corp.United States Bankruptcy Court, S.D. New York · 1984
- Dornberger v. Metropolitan Life InsuranceDistrict Court, S.D. New York · 1997
- Maurer v. International Re-Insurance Corp.Supreme Court of Delaware · 1953
- Commissioner of Insurance v. Massachusetts Accident Co.Massachusetts Supreme Judicial Court · 1945
- Dr. Hess & Clark, Inc. v. Metalsalts Corp.District Court, D. New Jersey · 1954
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