Champion v. Buckingham
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on December 18, 1894, 'by the executrix of the will of Reuben Champion, to compel the defendant, as trustee under the. will of Warren McFarland, to deliver and surrender to her a certain policy of insurance on the life oi Reuben Champion. Hearing before Maynard, J., who reported the case for the determination of this court, in substance as follows.
Read the full summary
Bill in equity, filed in the Superior Court on December 18, 1894, 'by the executrix of the will of Reuben Champion, to compel the defendant, as trustee under the. will of Warren McFarland, to deliver and surrender to her a certain policy of insurance on the life oi Reuben Champion. Hearing before Maynard, J., who reported the case for the determination of this court, in substance as follows. Reuben Champion, who was the husband of the plaintiff, took out a certain policy of insurance on his life for the sum of $1,000, payable on his death to the plaintiff in her own right, in the State Mutual…
1Opinion of the CourtMobton, J.
The policy was assigned to McFarland “ as collateral security for the amount of his demands subsisting against Reuben Champion at his decease, as creditor or as surety.” It is evident that McFarland had subsisting demands as creditor against Champion when the latter took the benefit of the bank-rapt act. The first question is, what effect did the discharge which Champion obtained have upon the demands so held by McFarland. If it extinguished them, then clearly they were not subsisting at the time of the farmer’s decease. If they were not extinguished, then it must follow that they were subsi…
2Cases cited11 opinions
- Allen & Co. v. FergusonSupreme Court of the United States · 1874
- Dusenbury v. . HoytNew York Court of Appeals · 1873
- Hancock v. Franklin InsuranceMassachusetts Supreme Judicial Court · 1873
- Shaw v. SillowayMassachusetts Supreme Judicial Court · 1888
- Smith's heirs v. DixonCourt of Appeals of Kentucky · 1861
6 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Elliott v. Warwick Stores, Inc.Massachusetts Supreme Judicial Court · 1952
- Citizens Loan Ass'n v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1907
- Jesse F. Heard & Sons v. Southwest Steel ProductsLouisiana Court of Appeal · 1960
- Adam v. McClintockNorth Dakota Supreme Court · 1911
- E. S. Parks Shellac Co. v. HarrisMassachusetts Supreme Judicial Court · 1921
12 more not listed; retrieve them via the Exa API.