Legal Opinion

In re Gannon

Court of Appeals for the Second Circuit

Decided December 11, 1917No. 62PublishedCited by 3 opinions

Petition to Revise Order of the District Court of the United States for the Southern District of New York. In the matter of the bankruptcy of John J. Gannon. An order of the. referee directing the bankrupt’s surrender of a life insurance policy, or in the alternative payment of the cash surrender value, having been reversed on petition to review (241 Fed. 733), Theodore II. Friend, Jr., as trustee in bankruptcy, petitions to revise.

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Petition to Revise Order of the District Court of the United States for the Southern District of New York. In the matter of the bankruptcy of John J. Gannon. An order of the. referee directing the bankrupt’s surrender of a life insurance policy, or in the alternative payment of the cash surrender value, having been reversed on petition to review (241 Fed. 733), Theodore II. Friend, Jr., as trustee in bankruptcy, petitions to revise. The order involved was entered in that court on April 27, 1917, and it reversed the order of the referee in bankruptcy directing the bankrupt to deliver to the…

1Opinion of the Court

ROGERS, Circuit Judge.

The question in this case involves the right of a trustee in bankruptcy to a special industrial policy of insurance issued by the Prudential Insurance Company of America for $500 and is dated December 24, 1894. The promise of the policy is “to pay * * * unto the executors, administrators or assigns’’ of the insured the amount of the policy which “is issued and accepted subject to the following restrictions, conditions, and agreements * * * ” printed thereon, the second of which reads as follows:

“Second. The company may pay the sum of money insured hereby to any relative…

2Cases cited7 opinions

  1. Burlingham v. CrouseSupreme Court of the United States · 1913
  2. Holden v. StrattonSupreme Court of the United States · 1905
  3. Cohen v. SamuelsSupreme Court of the United States · 1917
  4. Hiscock v. MertensSupreme Court of the United States · 1907
  5. In re MertensCourt of Appeals for the Second Circuit · 1905

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. In re SamuelsCourt of Appeals for the Second Circuit · 1918
  2. Billings v. Lynch, New York County Courts1937
  3. Massachusetts Mut. Life Ins. v. SwitowDistrict Court, W.D. Kentucky · 1940

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