SCHWARTZ v. COEN

No. 77.

131 F.2d 879 (1942)

SCHWARTZ v. COEN et al.

Circuit Court of Appeals, Second Circuit.

December 7, 1942.


Attorney(s) appearing for the Case

Nathan B. Fogelson, of New York City (Victor Konow, of New York City, of counsel), for plaintiff-appellant.

Peter Rosenberg, of New York City (Moses B. Sherr and Herman Silver, both of New York City, of counsel), for defendants-appellees.

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


FRANK, Circuit Judge.

1. Coen, on January 10, 1940, filed a voluntary petition in bankruptcy; appellant duly became his trustee in bankruptcy. In this suit appellant sought the surrender value of a policy issued, on January 26, 1921, to the bankrupt on his life; the policy named his wife as beneficiary with the privilege reserved in the bankrupt to change the beneficiary. On November 20, 1929, the bankrupt assigned this policy to his wife at a time when, appellant...

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