In Re Pearlman
Court of Appeals for the Second Circuit
These were not put in evidence, and all that appeared was that one had been taken out in 1920, one in 1923, and one in 1924; the last apparently not being involved in the proceeding. The trustee did put in evidence, ■however, a letter of the insurer saying that neither of the two policies in suit had any ■cash surrender value on January 2,1925 (the date of the adjudication), but that they would have on March 9 and April 14, respectively, if the premiums then due were paid.
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These were not put in evidence, and all that appeared was that one had been taken out in 1920, one in 1923, and one in 1924; the last apparently not being involved in the proceeding. The trustee did put in evidence, ■however, a letter of the insurer saying that neither of the two policies in suit had any ■cash surrender value on January 2,1925 (the date of the adjudication), but that they would have on March 9 and April 14, respectively, if the premiums then due were paid. The wife asserted her claim on the ground that she had paid all the premiums but the first, and this the referee…
1Opinion of the CourtHand, Circuit Judge
(after stating the facts as above). We have ignored the absence of any proper return to the District Court, the practice being so loose, and have' examined the record as best we can. It is destitute of any proof that at the time of adjudication, and a fortiori at the time when the petition was filed, the policies had a surrender value. The time of filing the petition determines the trustee’s right (Burlingham v. Crouse, 228 U. S. 459, 33 S. Ct. 564, 57 L. Ed. 920, 46 L. R. A. [N. S.] 148, a right itself limited to such surrender value as the policy then has. We cannot speculate as to the…
2Cases cited3 opinions
- Burlingham v. CrouseSupreme Court of the United States · 1913
- Crim v. WoodfordCourt of Appeals for the Fourth Circuit · 1905
- In re TaftCourt of Appeals for the Sixth Circuit · 1904
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- In Re Record Club of AmericaDistrict Court, M.D. Pennsylvania · 1983
- In Re Wesley CorporationDistrict Court, E.D. Kentucky · 1937
- In Re Cooper's EstateDistrict Court, D. Maryland · 1928
- In Re Mt. Jessup Coal Co.District Court, M.D. Pennsylvania · 1934
- In re Graco, Inc.District Court, D. Connecticut · 1965
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