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SAMUELS v. QUARTIN

No. 207.

108 F.2d 789 (1940)

SAMUELS v. QUARTIN et al.

Circuit Court of Appeals, Second Circuit.

January 15, 1940.

Attorney(s) appearing for the Case

Duberstein & Schwartz, of Brooklyn, N.Y., (Max Schwartz and Samuel C. Duberstein, both of Brooklyn, N.Y., of counsel), for appellant.

Krause, Hirsch & Levin, of New York City (George C. Levin and Elliot L Krause, both of New York City, of counsel), for appellee.

Before L. HAND, CHASE, and PATTERSON, Circuit Judges.

PATTERSON, Circuit Judge.

The question is whether a trustee in bankruptcy is entitled to future disability payments under policies of insurance held by the bankrupt, a resident of New York. The district court ruled in favor of the trustee in bankruptcy.

The case was tried on agreed facts. Quartin, a resident of New York, owned two policies of life insurance which contained provisions that in consideration of an additional premium the insurance company would...

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