Legal Opinion

Avery v. Cleary

Supreme Court of the United States

Decided January 6, 1890No. 162PublishedCited by 21 opinions

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MASSACHUSETTS. In the year 1867, the Connecticut Mutual Life Insurance Company issued three policies of insurance upon the life of Matthias Ellis, numbered respectively 68,428, 68,429 and 68,430, the first two being for $10,000 each, and the. last for $5000. Each policy was payable to the executors, administrators and assigns of the assured, upon proof of his death..

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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MASSACHUSETTS. In the year 1867, the Connecticut Mutual Life Insurance Company issued three policies of insurance upon the life of Matthias Ellis, numbered respectively 68,428, 68,429 and 68,430, the first two being for $10,000 each, and the. last for $5000. Each policy was payable to the executors, administrators and assigns of the assured, upon proof of his death.. On the 19th of May, 1877,' the assured, in writing, transferred and assigned these policies, and all profits, dividends, non-forfeiture policies, money or other…

1Opinion of the Court

Me. Justice Harlañ,

after stating the facts as above reported, delivered the opinion of- the court.

It is provided by section 5057.of the Bevised Statutes of the United States that “ no suit, either at law or in equity, shall be maintainable in any court between an assignee in bankruptcy and a person claiming an adverse interest, touching any property or rights of property transferable to or vested in such assignee, unless brought within two years from the time- when the cause of action accrued for or against' such assignee. And this provision' shall not in any - case revive a right of action…

2Cases cited3 opinions

  1. Bailey v. GloverSupreme Court of the United States · 1875
  2. Rosenthal v. WalkerSupreme Court of the United States · 1884
  3. Traer v. ClewsSupreme Court of the United States · 1885

3Cited by21 opinions

  1. United States v. Horton R. PruddenCourt of Appeals for the Fifth Circuit · 1970
  2. Exploration Co. v. United StatesSupreme Court of the United States · 1918
  3. Schmucking v. MayoSupreme Court of Minnesota · 1931
  4. Dabney v. LevyCourt of Appeals for the Second Circuit · 1951
  5. Harper v. HarperCourt of Appeals for the Fourth Circuit · 1918

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