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…
1Dissent
NOYES, Circuit Judge ('dissenting).
A man must be just before he is generous; much more, if his charity begin at home. He may put aside moneys and agree with himself that they shall be.used only for particular purposes; but still his creditors may seize them. He may die and leave a will creating funds for many objects; but he can-not thereby defeat the demands of his creditors. That which a man has the right to reserve either for his uses or charities is that which remains after his debts are paid.
A corporation may create special funds for the benefit of its stockholders or members; but it…
2Cases cited1 opinion
- In re Traders and Travelers' Accident Co.New York Supreme Court · 1910