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Everett v. Judson, 228 U.S. 474 (1913)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Everett v. Judson, 228 U.S. 474 (1913)
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Everett v. Judson No. 595 Argued March 13, 1913 Decided April 28, 1913 228 U.S. 474
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
Burlingham v. Crouse, ante, p. 459, followed to effect that, under § 70a of the Bankruptcy Act, the trustee only takes surrender value of insurance policies on the bankrupt’s life, or, in case loans have been made by the company issuing the policies, only the excess of surrender value over the amount of the loan.
Under § 70a of the Bankruptcy Act, the bankrupt is entitled to the policy by paying the amount of the cash surrender value or excess thereof over loans as of the date of the filing of the petition, and in case of the maturity of the policy before the adjudication, he or his legal representative is entitled to the proceeds of the policy over and above such amount.
Congress, by the proviso in § 70a, fixed the date of filing the petition as the line of cleavage as between the trustee and the bankrupt in regard to life insurance policies, and this is not affected by subsequent events such as the maturity of the policy by the suicide of the bankrupt, even though prior to adjudication.
192 F. 834 affirmed.
The facts, which involve the construction of § 70a of the Bankruptcy Act and the ownership of policies of insurance on the life of a bankrupt, are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Everett v. Judson, 228 U.S. 474 (1913) in 228 U.S. 474 228 U.S. 475–228 U.S. 476. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=2HTLXTUDQT15PYV.
MLA: U.S. Supreme Court. "Syllabus." Everett v. Judson, 228 U.S. 474 (1913), in 228 U.S. 474, pp. 228 U.S. 475–228 U.S. 476. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=2HTLXTUDQT15PYV.
Harvard: U.S. Supreme Court, 'Syllabus' in Everett v. Judson, 228 U.S. 474 (1913). cited in 1913, 228 U.S. 474, pp.228 U.S. 475–228 U.S. 476. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=2HTLXTUDQT15PYV.
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