In re Welling
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Northern District of Illinois. On the 13th day of April, 1900, David Welling, a citizen and resident of the state of Illinois, was by the court below adjudged a bankrupt, and on the 20th of that month filed schedules of his property. On May 11th the Chicago Title & Trust Company was appointed trustee of the bankrupt.
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Appeal from the District Court of the United States for the Northern District of Illinois. On the 13th day of April, 1900, David Welling, a citizen and resident of the state of Illinois, was by the court below adjudged a bankrupt, and on the 20th of that month filed schedules of his property. On May 11th the Chicago Title & Trust Company was appointed trustee of the bankrupt. In the schedule of assets the bankrupt did not include a certain policy of life insurance, dated March 16, 1892, issued by the Equitable Assurance Society of the United States (being numbered 330.400), for the sum of…
1Opinion of the CourtJenkins, Circuit Judge
In the case with which we have to deal, the law of the state oí the domicile of the bankrupt does not exempt policies of insurance from judicial pursuit by creditors. The questions, therefore, are sharply presented, whether the insurance in question is property which, under the bankruptcy act, passes to the trustee, and whether the case comes within the proviso of section 70a of the act (30 Stat. c. 541). The solution of these questions requires us to ascertain the real nature of this contract. The policy is a semitoutine policy; upon its face, an ordinary life policy, the premiums payable in…
2Cases cited12 opinions
- Central Bank of Washington v. HumeSupreme Court of the United States · 1888
- Cameron v. FayTexas Supreme Court · 1881
- Boyden v. Massachusetts Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1891
- Talcott v. FieldNebraska Supreme Court · 1892
- In re DiackDistrict Court, S.D. New York · 1900
7 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Womack v. WomackTexas Supreme Court · 1943
- In Re the Estate of KnightWashington Supreme Court · 1948
- Allen v. Central Wisconsin Trust Co.Wisconsin Supreme Court · 1910
- In re MertensCourt of Appeals for the Second Circuit · 1905
- In re OrearCourt of Appeals for the Eighth Circuit · 1910
15 more not listed; retrieve them via the Exa API.