Sims v. Union Assur. Soc.

Citations

• 129 F. 804
• 1903 U.S. App. LEXIS 5252

Syllabus

<p>1. Bankruptcy — Action by Trustee — Jurisdiction op Circuit Court.</p> <p>Where a bankrupt absconded a short time before the bankruptcy proceedings were instituted, but his family remained in the same place, he ■continued a resident there in such sense as to give a Circuit Court of the United States for that district jurisdiction of an action by his trustee against a foreign corporation to collect a demand in favor of the bankrupt involving the jurisdictional amount, under Bankr. Act July 1, 1898, c. 541, § 23b, 30 Stat. 552, 553 [ü. S. Comp. St. 1901, p. 3431], which provides that suits by the trustee shall be brought only in the courts where they might have been brought by the bankrupt, if the proceedings in bankruptcy had not been instituted.</p> <p>2. Insurance — Proofs op Loss — Authority op Receiver to Make.</p> <p>Proofs of loss under a fire insurance policy running to a bankrupt who had absconded may lawfully be made by a receiver appointed by the court of bankruptcy, and expressly authorized and directed by the order making the appointment to make such proofs.</p> <p>3. Samp — Right op Action on Policy — Failure op Insured to Comply with , Conditions.</p> <p>Provisions of a policy of .fire insurance, that “the insured * * * shall * * * submit to an examination under oath by any person named by this company and subscribe the same,” and that no action shall be maintainable to recover on the policy until after full compliance by the insured with all its requirements, give to the company a substantial right, and the failure of the insured to appear for examination after a loss, in compliance with its demand, defeats an action on the policy, although such failure was due to the fact that the insured had absconded, and the action is brought by his trustee in bankruptcy.</p> <p>4. Same — Construction op Policy — Rights op Receiver.</p> <p>A provision in an insurance policy that, where the expression “insured” is used therein, it shall include the “legal represe