Legal Opinion

In re Arkin

Court of Appeals for the Second Circuit

Decided March 14, 1916No. 186PublishedCited by 2 opinions

Appeal from the District Court of the United States for the Southern District of New York. In the matter of Louis Arkin and J. Lionel Guild, individually and as copartners composing the firm of Arkin & Guild, bankrupts. P'rom an order of the District Court, reversing an order of the referee which directed the surrender of a policy of life insurance upon the life of one of the bankrupts, Harry A. Goidel, as trustee in bankruptcy, appeals.

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1Opinion of the Court

COXE, Circuit Judge.

The question here is whether the bankrupt’s wife or his trustee in bankruptcy is entitled to a policy of insurance on his life. The referee directed the bankrupt to turn over the policy to his trustee in bankruptcy. The District Judge reversed this decisiorx upon the authority of the Hammel Case, 221 Fed. 56, 137 C. C. A. 80, and Burlingham v. Crouse, 181 Fed. 479, 104 C. C. A. 227, affirmed 228 U. S. 459, 33 Sup. Ct. 564, 57 L. Ed. 920, 46 L. R. A. (N. S.) 148. The question is an interesting one, but in view of the bankrupt’s testimony that the policy was the property of…

2Cases cited3 opinions

Burlingham v. CrouseSupreme Court of the United States · 1913
Burlingham v. CrouseCourt of Appeals for the Second Circuit · 1910
In re L. Hammel & Co.Court of Appeals for the Second Circuit · 1915

3Cited by2 opinions

In re FettermanDistrict Court, N.D. Ohio · 1917
In re GannonDistrict Court, S.D. New York · 1917