In re Greenberg
Court of Appeals for the Second Circuit
Petition to Revise Order of the District Court of the United States for the Southern District of New York. In the Matter of Joseph Greenberg, bankrupt. Petition by the John Hancock Mutual Life Insurance Company to revise an order of the District Court. Greenberg became bankrupt while in possession of a policy of life insurance in the Hancock Company.
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Petition to Revise Order of the District Court of the United States for the Southern District of New York. In the Matter of Joseph Greenberg, bankrupt. Petition by the John Hancock Mutual Life Insurance Company to revise an order of the District Court. Greenberg became bankrupt while in possession of a policy of life insurance in the Hancock Company. The policy had been obtained some years before petition filed, by the bankrupt himself, and therein his wife was designated as beneficiary. The lower court has found as a fact that Mrs. Green-berg never did “at any time take out, own, or pay for…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). [1] The beneficiary of a life insurance policy, who may at any time be removed from the benefited position by the insured and against the beneficiary’s will, cannot have a vested interest. In Grems v. Traver, 87 Misc. Rep. 644, 148 N. Y. Supp. 200, affirmed 164 App. Div. 968, 149 N. Y. Supp. 1085, there was one policy considered much like the one at bar; but the court held as a fact that such policy “was taken out for the especial benefit of the wife under agreement that it should be held for her protection.” No such agreement is here shown, and it may be…
2Cases cited8 opinions
- Cohen v. SamuelsSupreme Court of the United States · 1917
- Freund v. FreundIllinois Supreme Court · 1905
- Supreme Conclave v. CappellaU.S. Circuit Court for the District of Eastern Michigan · 1890
- Lahey v. . LaheyNew York Court of Appeals · 1903
- John Hancock Mutual Life Insurance v. WhiteSupreme Court of Rhode Island · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- In Re MessingerCourt of Appeals for the Second Circuit · 1928
- Wornick v. GaffneyCourt of Appeals for the Second Circuit · 2008
- In Re TrautmanUnited States Bankruptcy Court, W.D. New York · 2003
- United States v. SullivanDistrict Court, W.D. New York · 1937
- In Re PolanowskiUnited States Bankruptcy Court, W.D. New York · 2001
6 more not listed; retrieve them via the Exa API.