Sanders v. Ætna Life Insurance
Supreme Court of South Carolina
Before Memminger, J., Greenwood,-, 1912. Two cases, Marshall F. Sanders et al. against SEtna Fife Insurance Co., and S. H. McGhee and Mrs. Anna Belle French et al. against same. Defendants appeal. cites: The trustee by operation of law is vested with the powers the bankrupt could have exercised for his own benefit: 86 S. C. 1; 69 C. C. A. 496; 51 C. C. A. 97; 1 Boveland 818, 821; 205 U. S. 51; 182 Fed.
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Before Memminger, J., Greenwood,-, 1912. Two cases, Marshall F. Sanders et al. against SEtna Fife Insurance Co., and S. H. McGhee and Mrs. Anna Belle French et al. against same. Defendants appeal. cites: The trustee by operation of law is vested with the powers the bankrupt could have exercised for his own benefit: 86 S. C. 1; 69 C. C. A. 496; 51 C. C. A. 97; 1 Boveland 818, 821; 205 U. S. 51; 182 Fed. R. 716; 51 C. C. A. 151; sec. 70a of Bankrupt Act; 106 Fed R. 154; 157 Fed. R. 544; 169 Fed. 1019; 175 Fed. 65; 186 Fed. 537; 182 Fed. 716, 949; 191 Fed. 325; 185 Fed. 98; 175 Fed. 65; 178 Fed.…
1DissentJustice Woods
I dissent. The right of the insured to change the beneficiary of the policies, being a power which he could exercise for his own benefit, was property both under the general principles of law and under the express terms of the bankrupt act, and it passed to the trustee in bankruptcy, under the statute expressly providing that all property not exempt, including such a power, should pass to the trustee. Earle v. Maxwell, 86 S. C. 1; In re Hettling, 175 Fed. 65; In re Dolan, 182 Fed. 949; Clark v. Equitable Life Ins. Society, 143 Fed. 175; In re Whepley, 169 Fed. 1019; In re Wright, 157 Fed 544;…
2Cases cited10 opinions
- Holden v. StrattonSupreme Court of the United States · 1905
- Hiscock v. MertensSupreme Court of the United States · 1907
- In re WhiteCourt of Appeals for the Second Circuit · 1909
- In re WhelpleyDistrict Court, D. New Hampshire · 1909
- In re HettlingCourt of Appeals for the Second Circuit · 1909
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