In re Orear’s Empirical Analysis

Citation profile

4 federal appellate · 5 district ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““By the terms of the policy he was entitled to receive at the end of the tontine period the cash payment stipulated in the contract. That is a vested contract right, contingent only upon his surviving the tontine period. The right is valuable, increasing in value with each successive payment of premium. The policy, technically, had not a ‘surrender value,’ within the meáning of the proviso; but it had an actual value, and that valuable right was right of property existing in the bankrupt. It is the plain provision of the bankruptcy law that all the estate of the bankrupt shall by operation of law, be vested in the trustee, save such as is specifically excepted by the provisions of the bankruptcy law, or by the law of the domicile of the bankrupt. The language of the provision is comprehensive. Subdivision 5 of section 70a declares that there shall be thus vested in the trustee ‘property which prior to the filing of the petition he could by any means have transferred or which might have been levied upon and sold under .-judicial process against him.’ Then fpliows the proviso• which we have considered. It is clear that this proviso merely defines a certain class of insurance which may be excepted and exempted, by the action of the bankrupt and upon the conditions stated, from the general property which by the law is vested in the 'trustee. In other words the proviso is in the nature of a privilege to the debtor to retain such specified insurance upon yielding to the trustee the”

   2 later decisions quote this exact passage · from the majority
   e.g. Partridge v. Andrews · Churchill v. Bestul

2. ““Whether or not policy number 656.496, which is expressed therein to he for the benefit of the wife of the insured, is to be regarded as exempt under section 7895, Rev. St. Mo. .1899 (Ann. St. 1906, p. 3749), and whether or not anything lias occurred to avoid an exemption of the policy under that statute, are questions which were not in any manner presented before the referee or the District Court, and have not been presented in this court; so we leave them undecided. The United States District Court for the Eastern Division of the Eastern District of Missouri is therefore directed to vacate its judgment of December 19, 1908, reversing the order of the referee made May 27, 1908, and enter a judgment affirming the same, but without prejudice to the right, if any. of the wife of the bankrupt to claim the policy expressed to be for her benefit as an exemption under the state statute before mentioned.””

   1 later decision quote this exact passage · from the majority
   e.g. In re Orear

3. ““In ease any life insurance company, fraternal order or beneficiary soeiety Bhall have issued or shall hereafter issue any policy or policies of insurance or beneficiary certificate upon the life of an individual and payable at the death of the assured, or in any given number of years, to any person or persons having an insurable interest in the life of the assured, all such policies and their reserves of the present value thereof shall inure to the sole and separate use and benefit of the beneficiaries named therein, and shall be free from the claims of the assured, and shall also? be free from the claims of the person or persons effecting such insurance, their creditors and representatives, and shall be free from all taxes and the claims and judgments of the creditors and representatives of the person or persons named in said policy or policies of insurance.” Gen. Stat. 1901, § 3463.”

   1 later decision quote this exact passage · from the majority
   e.g. In re Morse