Curtis v. Humphrey’s Empirical Analysis
78 F.2d 73 · 1935
Citation profile
3 district ·
How this case has been cited
Cited by 7 later decisions — most recently September 2019
3 district ·
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 Everett v. Judson · Burlingham v. Crouse · Lincoln Nat. Life Ins. v. Scales · Ruckel v. Metropolitan Life Insurance · In re Judson
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In our opinion the ruling of the District Court was correct. The Bankruptcy Act by section 70, sub. a(5), 11 U.S.C.A. § 110 , sub. a(5), while it broadly vests in the trustee of the estate of a bankrupt all the bankrupt’s property, contains this proviso: ‘When any bankrupt shall have any insurance policy which has a cash surrender value payable to himself, his estate, or personal representatives, he may, within thirty days after the cash surrender value has been ascertained and stated to the trustee by the company issuing the same, pay or secure to the trustee the sum so ascertained and stated, and continue to hold, own, and carry such' policy free from the claims of the creditors participating in the distribution of his estate under the bankruptcy proceedings, otherwise the policy shall pass to the trustee as assets,’ etc. Mrs. Humphrey comes within the literal terms of the proviso just quoted. She was the bankrupt, and she owned the life insurance. Its cash surrender value was payable to her and her estate, because the assignment was absolute. The policy had no net cash surrender value because of the loan upon it, and therefore she could take it free from the claims of creditors of her bankrupt estate without paying anything to the trustee for their benefit. There is no doubt that she should have scheduled the- policy and claimed it as exempt before applying for her discharge. 11 U.S.C.A. § 25 . But in the absence of fraud and of loss to the estate she was not estopped to ”
1 later decision quote this exact passage · from the majoritye.g. In re Clark“I concur in this judgment, yielding to the literal words of the act * * *. But I believe strongly that Congress intended something humanitarian, as in matters of homestead, and had in mind only individual bankrupts and insurance policies on their own lives.”
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.