Public-domain · open source
OpenJurist
← 93 Ind. App. 582 - Smith, Admx. v. Massie

93 Ind. App. 582 - Smith, Admx. v. Massie’s Empirical Analysis

1931

Citation profile

9
cited by 9 later decisions
3
states following
July 2002
most recently cited

9 state decisions

How this case has been cited

Cited by 9 later decisions — most recently July 2002

9 state decisions

2019311940195019601970198019902000decided

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

Relies on Hayes v. Shirk · Pond v. Sweetser · Allen v. Allen · Prudential Insurance Co. of America v. Young

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

  1. ““While the facility of payment clause protects the insurance company in all cases where it makes payment in accordance therewith, such payment made by the insurance company in the exercise of its option does not operate ipso facto to confer upon the payee of the fund any legal right of property therein, but constitutes the payee a trustee who holds the funds in trust for the benefit of the estate. Allen v. Allen (1918), 88 N. J. Eq. 575, 103 Atl. 169 . “In matter of Degenhardt (1924), 123 Misc. Rep. 762 , 206 N. Y. Supp. 220 , speaking of a facility of payment clause, the court says: ‘This provision in industrial insurance policies is for the protection of the companies. It does not “grant or take away a cause of action from any person,” ’ citing Wachtel v. Harrison (1914), 84 Misc. Rep. 76 , 145 N. Y. Supp. 982 ; Ruoff v. John Hancock Mutual Life Ins. Co. (1903), 86 App. Div. 447 , 83 N. Y. Supp. 758 ; Wokal v. Belsky (1900), 53 App. Div. 167 , 65 N. Y. Supp. 815 , so that the fact that the death benefit was paid to the respondent, standing alone, did not give her title thereto as against the estate of the decedent. To hold to any other view would be giving the insurance company the right to adjudicate matters between the contesting claimants to the proceeds of the policy. “In this case, the fact that Elza Massie is the husband of the deceased did not place him above the law to account to any administrator or executor who, under the law, is charged with the duty to collect t”
    1 later decision quote this exact passage

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.