In re Samuels
Court of Appeals for the Second Circuit
Petition to Revise Order of the District Court of the United States for the Southern District of New York. In the matter of Jacob W. Samuels, bankrupt. Petition by Samuel C. Cohen, as trustee, to revise an order denying the application of the trustee for an order requiring the bankrupt either to pay him the value of certain life policies or to turn over the policies.
Read the full summary
Petition to Revise Order of the District Court of the United States for the Southern District of New York. In the matter of Jacob W. Samuels, bankrupt. Petition by Samuel C. Cohen, as trustee, to revise an order denying the application of the trustee for an order requiring the bankrupt either to pay him the value of certain life policies or to turn over the policies. On the day when Samuels’ petition in bankruptcy was filed he was the insured under five life policies, in three insurance companies. By all the contracts he had absolute right to name the beneficiary and change such designation…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). [1] This record raises nearly the same questions as were disposed of in the case of this bankrupt’s brother (In re Samuels, 237 Fed. 796, 151 C. C. A. 38, reversed in Cohen v. Samuels, 245 U. S. 50, 38 Sup. Ct. 36, 62 L. Ed. 143), and in so far as “surrender value” is shown in any of the policies in question, the ruling of the Supreme Court suffices.
While admitting that under Hiscock v. Mertens, 205 U. S. 202, 27 Sup. Ct. 488, 51 L. Ed. 771, that phrase, as used in section 70 of the Bankruptcy Act July 1, 1898, c. 541, 30 Stat. 565 (Comp. St. § 9654), has a…
2Cases cited9 opinions
- Cohen v. SamuelsSupreme Court of the United States · 1917
- Hiscock v. MertensSupreme Court of the United States · 1907
- In re WhiteCourt of Appeals for the Second Circuit · 1909
- Grems v. TraverNew York Supreme Court · 1914
- In re L. Hammel & Co.Court of Appeals for the Second Circuit · 1915
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In Re ReiterCourt of Appeals for the Second Circuit · 1932
- In re GreenbergCourt of Appeals for the Second Circuit · 1921
- In Re WeismanDistrict Court, S.D. New York · 1934
- In re SolomonsDistrict Court, S.D. New York · 1932
- In re EllisDistrict Court, W.D. New York · 1924
3 more not listed; retrieve them via the Exa API.