Opinion · Supreme Court of the United States
Bank of Minden v. Clement
Bank of Minden v. Clement, 256 U.S. 126 (1921)
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1921-04-11
- Topic
- general
How later courts describe this case
- holding that "`one of the tests that a contract has been impaired is that its value has by legislation been diminished'" [Citation omitted.]
Citator
UpLaw has not yet analyzed Bank of Minden v. Clement. The absence of a flag is not a finding that it is good law.
- Cited by
- 68 opinions
Headnotes
- Insurance Law — Life Insurance A life insurance policy payable to the executors, administrators, or assigns of the insured is the property of the insured and is subject to the claims of his creditors. 256 U.S. at 128
- Constitutional Law — Contracts Clause A state law exempting from the debts of the insured the proceeds of life insurance payable to his estate is invalid under Article I, § 10, of the Constitution as applied to a debt incurred under a promissory note antedating the law, and to policies also antedating the law though later than the note. 256 U.S. at 129
- Constitutional Law — Contracts Clause A contract's obligation includes liability of the party's future acquisitions as a fund trusted by the other party, and any law releasing a part of that obligation literally impairs it; the test is whether the contract's value has been diminished by legislation, not the degree, manner, or cause of the encroachment, since the Constitution forbids impairing a contract at all. 256 U.S. at 129 (quoting Sturges v. Crowninshield, 4 Wheat. 122, 197–198, and Planters' Bank v. Sharp, 6 How. 301, 327)
BANK OF MINDENv. CLEMENT,256 U.S. 126(1921)
41 S.Ct. 408
BANK OF MINDEN ET AL.v. CLEMENT, ADMINISTRATRIX OF CLEMENT.
ERROR TO THE SUPREME COURT OF THE STATE OF LOUISIANA.
No. 238.
Submitted March 21, 1921.
Decided April 11, 1921.
THE case is stated in the opinion.
Before passage of that act and while indebted to plaintiffs in error banks by notes which were renewed from time to time until his death, O.P. Clement took out two policies upon his life with loss payable to his executors, administrators or assigns. He died in 1917 and his administratrix collected the stipulated sums amounting to $4,433.33. The succession was insolvent, and the banks sought to subject the insurance money to their claims, maintaining that if construed and applied so as to exempt such funds the Act of 1914 would impair the obligations of their contracts and violate § 10, Article I, Federal Constitution. The Supreme Court of the State held that acceptance of the renewal notes did not operate as novations, but that the statute protected the insurance money without violating the Federal Constitution since the exemption "impaired the obligation of the preexisting contract very slightly and remotely."146 La. 385.
Section 10, Article I, of the Constitution — "No State shall . . . pass any . . . law impairing the obligation of contracts" — has been much considered by this court and often applied to preserve the integrity of contractual obligations.Page 128
When the deceased took out the policies of insurance upon his life they became his property subject to claims of his creditors.New York Mutual Life Ins. Co. v.Armstrong,117 U.S. 591,597;Central Bank of Washingtonv.Hume,128 U.S. 195,204;Burlinghamv.Crouse,228 U.S. 459,471,472;In reColeman, 136 F. 818;In re Bonvillain, 232 F. 372;Blinnv.Dame,207 Mass. 159;In re Heilbron'sEstate,14 Wn. 536;Ricev.Smith,72 Miss. 42;Skinnerv.Holt,9 S.D. 427; Joyce on Insurance, § 2341.
InSturgesv.Crowninshield, 4 Wheat. 122, 197, 198, opinion by Mr. Chief Justice Marshall, it was said: "What is the obligation of a contract? and what will impair it? It would seem difficult to substitute words which are more intelligible, or less liable to misconstruction, than those which are to be explained. A contract is an agreement, in which a party undertakes to do, or not to do, a particular thing. The law binds him to perform his undertaking, and this is, of course, the obligation of his contract. . . . Any law which releases a part of this obligation, must, in the literal sense of the word, impair it. . . . But it is not true, that the parties have in view only the property in possession when the contract is formed, or that its obligation does not extend to future acquisitions. Industry, talents and integrity constitute a fund which is as confidently trusted as property itself. Future acquisitions are, therefore, liable for contracts; and to release them from this liability impairs their obligation." And, inPlanters' Bankv.Sharp, 6 How. 301, 327, opinion by Mr. Justice Woodbury: "One of the tests that a contract has been impaired is, that its value has by legislation been diminished. It is not, by the Constitution, to be impaired at all. This is not a question of degree or manner or cause, but of encroaching in any respect on its obligation, dispensing with any part of its force."Ogdenv.Saunders, 12 Wheat. 213, 257;Page 129McCrackenv.Hayward, 2 How. 608, 612;Edwardsv.Kearzey,96 U.S. 595,600.
So far as the statute of 1914 undertook to exempt the policies and their proceeds from antecedent debts it came into conflict with the Federal Constitution. SeeLessleyv.Phipps,49 Miss. 790;Johnsonv.Fletcher,54 Miss. 628;Ricev.Smith,72 Miss. 42;In re Heilbron's Estate,14 Wn. 536;Skinnerv.Holt,9 S.D. 427;TheHomestead Cases, 22 Grattan, 266.
The judgment of the court below must be reversed and the cause remanded for further proceedings not inconsistent with this opinion.Reversed.
MR. JUSTICE CLARKE dissents.