In re Messinger’s Empirical Analysis
29 F.2d 158 · 1928
Citation profile
24 federal appellate · 5 district · 4 state decisions
How this case has been cited
Cited by 50 later decisions — most recently January 2009 · most notably Cannon v. Nicholas (1935), In re Taub (1938)
24 federal appellate · 5 district · 4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 11 U.S.C. § 110
Relies on Edwards v. Kearzey · Shwab v. Doyle · Daniel Holden v. J a Stratton · Cohen v. Samuels · Lewellyn v. Frick
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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The statute does not exempt the bankrupt if he exercises his reserved power to change the beneficiary for his personal advantage, and, indeed, precludes an exemption in such case by saying that the ‘beneficiary * * * other than the insured’ shall be entitled to the proceeds and avails. But it plainly does attempt to exempt the ‘proceeds and avails’, so far as beneficiaries, other than the bankrupt, may have an interest in the policy. • It does not protect the insured against his creditors, and only seeks to prevent them from affecting the rights of the beneficiaries other than himself. While the' insured may still change the beneficiary, and appoint to himself under the reserved power, by reason of the New York Insurance Law, he cannot be compelled to do this, as he would have been prior to the enactment of section 55a, because, to do so, would deprive the beneficiaries of their interest. Thus there is-an allowance of an exemption to the bankrupt to the extent of the right of the trustee to compel him to exercise the reserved, power. While the benefit inures directly to the beneficiary, and not to the bankrupt, yet it is an exemption of the bankrupt himself to the extent indicated.””
2 later decisions quote this exact passage · from the majority“If a policy of insurance, whether heretofore or hereafter issued, is effected by any person on his own life or on another life, in favor of a person other than himself, ... the lawful beneficiary or assignee thereof, other than the insured, or the person so effecting such insur-once, or his executors or administrators, shall be entitled to its proceeds and avails against the creditors and representatives of the insured and of the person effecting the same, whether or not the right to change the beneficiary is reserved or permitted....”
2 later decisions quote this exact passage · from the majority“When a policy of life insurance is effected by any person on his own life or on another life in favor of some person other than himself having an insurable interest therein, or made payable by assignment, change of beneficiary or other means to a third person, the lawful beneficiary thereof or such third person, other than the person effecting the insurance or his legal representatives, shall be entitled to its proceeds against the creditors and representatives of the person effecting the same.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.