Legal Opinion

Smith v. Mutual Life Ins. Co. of New York

U.S. Circuit Court for the District of Massachusetts

Decided February 26, 1910No. 396PublishedCited by 1 opinion

Suit by Jeremiah Smith, Jr., as trustee in bankruptcy of one Dunning, to recover assets disposed of in fraud of creditors against the Mutual Life Insurance Company of New York and others.

1Opinion of the CourtLowell, C. J.

This case was before the court on demurrer, and the demurrer was overruled. The frame of the bill was stated in the report. 158 Fed. 365. Proofs have since been taken, and the case is now before the court on final hearing.'

The complainant is bound to prove that the payments by the bankrupt to the insurance company were made in fraud of creditors. The first and largest of these payments was made on' January 3, 1901. Less than three weeks afterwards, on January 23d, the bankrupt began to carry out his scheme to defraud F. A. Brooks, a scheme which he pursued with increasing success until…

2Cases cited4 opinions

  1. Shanberg v. Fidelity & Casualty Co. of New YorkCourt of Appeals for the Eighth Circuit · 1907
  2. Pierce v. O'BrienMassachusetts Supreme Judicial Court · 1905
  3. Kurtz v. TrollSupreme Court of Missouri · 1903
  4. Smith v. Mutual Life Ins.U.S. Circuit Court for the District of Massachusetts · 1907

3Cited by1 opinion

  1. Insurance Co. of North America v. CullenSupreme Court of Missouri · 1911

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