Legal Opinion

Everett v. Judson

Supreme Court of the United States

Decided April 28, 1913No. 595PublishedCited by 169 opinions

CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The facts, which involve the construction of § 70a of the Bankruptcy Act and the ownership of policies of insurance on. the' life of a bankrupt, are stated. in the opinion. Life insurance policies having no surrender value at petition filed are property, and pass to a bankrupt’s trustee. Sec. 70a, subd. 5, Bankruptcy Act; In re Coleman, 136 Fed.

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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The facts, which involve the construction of § 70a of the Bankruptcy Act and the ownership of policies of insurance on. the' life of a bankrupt, are stated. in the opinion. Life insurance policies having no surrender value at petition filed are property, and pass to a bankrupt’s trustee. Sec. 70a, subd. 5, Bankruptcy Act; In re Coleman, 136 Fed. Rep. 818; Grigsby v. Russell, 222 U. S. 149, 156; Sessions v. Romadka, 145 U. S. 29, 30; Collier on Bankruptcy, 9th ed., 1912, pp. 1027, 1028; In re Orear, 178 Fed. Rep. 632, 634; In…

1Opinion of the CourtJustice Day

This case involves the title to the proceeds of certain insurance policies upon the life of .Alfred M. Judson, bankrupt, deceased, collected by the trustee in bankruptcy. The executor of Judson’s estate brought suit against the trustee in the United States District Court for the Southern District of New York, asserting title to such funds. The District Court ordered that the proceeds of the policies, less their cash surrender value, be paid to the executor (188 Fed. Rep. 702); the Circuit Court of Appeals for the Second Circuit, upon petition to revise, affirmed that order (192 Fed. Rep.…

2Cases cited2 opinions

  1. Acme Harvester Co. v. Beekman Lumber Co.Supreme Court of the United States · 1912
  2. Zavelo v. ReevesSupreme Court of the United States · 1913

3Cited by169 opinions

  1. United States v. BessSupreme Court of the United States · 1958
  2. White v. StumpSupreme Court of the United States · 1924
  3. Bailey v. Baker Ice MacHine Co.Supreme Court of the United States · 1915
  4. Wright v. Union Central Life InsuranceSupreme Court of the United States · 1938
  5. Brown v. O'KEEFESupreme Court of the United States · 1937

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