Legal Opinion

In Re Messinger

Court of Appeals for the Second Circuit

Decided November 19, 1928No. 145PublishedCited by 68 opinions

1Opinion of the Court

AUGUSTUS N. HAND, Circuit Judge.

The bankrupt listed among his assets two insurance policies, payable to his wife as beneficiary, in each of which he had reserved the right to change the beneficiary. After the trustee in bankruptcy had qualified, he demanded that the policies be turned over to him by the bankrupt, who accordingly surrendered them. Thereafter the bankrupt applied to the referee for an order directing the trustee to return the policies on the ground that the trustee, because of the provisions of section 55a of the Insurance Law of the state of New York (Consol. Laws, c. 28), had…

2Cases cited16 opinions

  1. Edwards v. KearzeySupreme Court of the United States · 1878
  2. Shwab v. DoyleSupreme Court of the United States · 1922
  3. Gunn v. BarrySupreme Court of the United States · 1873
  4. Lewellyn v. FrickSupreme Court of the United States · 1925
  5. Holden v. StrattonSupreme Court of the United States · 1905

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3Cited by68 opinions

  1. CFCU Community Credit Union v. HaywardCourt of Appeals for the Second Circuit · 2009
  2. Cannon v. NicholasCourt of Appeals for the Tenth Circuit · 1935
  3. In Re TaubCourt of Appeals for the Second Circuit · 1938
  4. In the Matter of Hygrade Envelope Corp., Bankrupt. Samuel S. Baranow, Trustee in Bankruptcy of Hygrade Envelope Corp. v. Gibraltar Factors Corp.Court of Appeals for the Second Circuit · 1968
  5. In Re Inland Dredging CorporationCourt of Appeals for the Second Circuit · 1932

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