Gould v. New York Life Insurance
District Court, E.D. Arkansas
In Bankruptcy. Action by a trustee to recover the proceeds of a policy of insurance on the life of the bankrupt. This cause having been submitted to the court, a trial by jury having been waived, the court made the following findings of facts: The plaintiff is trustee in bankruptcy of the estate of B. F. McKenzie, who died after the adjudication in bankruptcy.
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In Bankruptcy. Action by a trustee to recover the proceeds of a policy of insurance on the life of the bankrupt. This cause having been submitted to the court, a trial by jury having been waived, the court made the following findings of facts: The plaintiff is trustee in bankruptcy of the estate of B. F. McKenzie, who died after the adjudication in bankruptcy. He seeks to recover by this action the sum of $5,000 from the defendant insurance company on a policy issued by it on May 16, 1903, on the life of the deceased bankrupt. The policy was a twenty annual payment life policy, payable upon…
1Opinion of the Court
TRIEBRR, District Judge.
The determination of the questions of law involved in this case depends upon the construction of section 70 of the bankruptcy act (Act July 1, 1898, c. 541, 30 Stat. 565 [U. S. Comp. St. 1901, p. 3451]). Neither the Supreme Court of the United States nor the United States Circuit Court of Appeals for this, the Eighth, Circuit, the only courts whose judgments are conclusive on this court, has ever construed this section on the issues involved herein. While there are a number of decisions of other courts on this subject, they are anything but harmonious. The court must,…
2Cases cited15 opinions
- Dollar Savings Bank v. United StatesSupreme Court of the United States · 1874
- Warnock v. DavisSupreme Court of the United States · 1882
- United States v. DicksonSupreme Court of the United States · 1841
- Ryan v. CarterSupreme Court of the United States · 1876
- Page v. EdmundsSupreme Court of the United States · 1903
10 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- United States v. Kansas City Southern Ry. Co.District Court, W.D. Arkansas · 1911
- In re BlountDistrict Court, E.D. Arkansas · 1906
- United States v. SchlierholzDistrict Court, E.D. Arkansas · 1905
- Redfield v. Ansbro (In Re Goldberg)United States Bankruptcy Court, N.D. Illinois · 1989
- McCahan's EstateSupreme Court of Pennsylvania · 1933
4 more not listed; retrieve them via the Exa API.