Taylor v. Life Ass'n of America
United States Circuit Court
In Equity. •This, is a bill by policy-holders residing in Tennessee, claiming a return of premiums for policies not matured by death or otherwise, filed in the state court under the provisions of the Code of that state, to attach the assets, consisting of debts due to an insolvent life insurance company of Missouri, and to wind it up and distribute the assets in Tennessee according to the laws of that state. ' Attachment and injunction .issued, and the cause was removed to…
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In Equity. •This, is a bill by policy-holders residing in Tennessee, claiming a return of premiums for policies not matured by death or otherwise, filed in the state court under the provisions of the Code of that state, to attach the assets, consisting of debts due to an insolvent life insurance company of Missouri, and to wind it up and distribute the assets in Tennessee according to the laws of that state. ' Attachment and injunction .issued, and the cause was removed to the federal. court where a re- ■ ceiver was appointed. The corporation and its receiver, who was made a party, answered,…
1Opinion of the Court
Hammond, D. J.
I had reached a conclusion in this case to sustain the bill and leave the question open, upon reference to a master, whether one creditor could claim any priority of satisfaction over another in the distribution of the assets, (although as the proof stands I could not see how such a claim could be sustained,) because the question could be finally determined only when the distribution is made. Smith v. St. Louis Ins. Co. 6 Lea, 564, 570. But for reasons that will presently appear I have found it necessary to determine now whether or not the plaintiffs, who are the Tennessee…
2Cases cited7 opinions
- Payne v. HookSupreme Court of the United States · 1869
- Booth v. ClarkSupreme Court of the United States · 1855
- Relfe v. RundleSupreme Court of the United States · 1881
- Yonley v. LavenderSupreme Court of the United States · 1875
- Wilkins v. EllettSupreme Court of the United States · 1870
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Clark v. WilliardSupreme Court of the United States · 1934
- Robinson v. Mutual Reserve Life Ins.U.S. Circuit Court for the District of Southern New York · 1908
- MacMurray v. SidwellIndiana Supreme Court · 1900
- Burt v. KeyesU.S. Circuit Court for the District of Northern Ohio · 1861
- Wheeler v. Dime Savings BankMichigan Supreme Court · 1898