Crossman Co. v. Rauch’s Empirical Analysis

Citation profile

2 federal appellate · 22 state decisions

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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ It seems clear to us that the transfer by the insured to the insurance company of the proceeds of the policy, under an agreement obligating the company to pay to the beneficiary $312.50 in monthly instalments for 240 months, constituted a transfer of not only the face value of the policy, $50,000, but also all interest and income that might accrue thereon and that the provision of the agreement that ‘ the proceeds received in trust by the company are not transferable, subject to encumbrance, nor to legal process ’ includes accruing interest and income as well as principal. “ Under the agreement, the company was to receive the face value of the policy and the right to the income thereon and the beneficiary after the death of the insured was to receive the specified 240 monthly payments of $312.50 each. She never was to become entitled to the face value of the policy as an entity. The agreement of the company to make the monthly payments and the payment thereof was to constitute as to her the proceeds of the policy and the proceeds, under the wording of the agreement and the provisions of the statute, were to be exempt from legal process, except in an action to recover for necessaries. “ The transfer of the proceeds of the policy constituted a transfer of the ‘ benefits accruing thereunder ’ and ‘ the parties to the trust or other agreement so agree ’ by necessary implication. “ Within the meaning of the agreement the transfer of the ‘ proceeds ’ constituted a transfer of the”

   1 later decision quote this exact passage
   e.g. In re the Judicial Settlement of the Account of Proceedings of Central Hanover Bank & Trust Co.

2. ““The obligation of the insurance company constitutes a debt from the company to appellant, the beneficiary, under the policy. Although the word trust is used, the agreement is not in fact a trust agreement. The monthly payments which the company contracted to pay are definitely fixed in amount. They are not income on personal property. They constitute deferred payments which the company agreed to make to the beneficiary in consideration of the receipt at the death of insured of $50,000, the face value of the policy. ’ ’”

   1 later decision quote this exact passage
   e.g. Annis v. Pilkewitz