Logourl black
From our private database of 14,000+ case briefs...

Blumenstein v. Philips Insurance Center, Inc.

Supreme Court of Alaska
490 P.2d 1213 (1971)


Facts

Martin Dredging, Inc. (Martin) (defendant) purchased a ship called the Mermaid I from Bernard Blumenstein (plaintiff) to use for underwater gold-mining. Martin successfully used the Mermaid I on an initial project and then purchased a second vessel called the Mermaid II. Martin contracted with Philips Insurance Center, Inc. (Philips) (defendant) to insure the Mermaid II. Martin beached the Mermaid I at its original location and began working with the Mermaid II. The Mermaid II project was a failure. Martin became insolvent and unable to pay Blumenstein for the Mermaid I. Martin agreed to quitclaim the Mermaid I back to Blumenstein in full satisfaction of the debt. Blumenstein boarded the Mermaid I and performed various tasks, including removing equipment and preparing the ship for winter. However, he did not move the ship from its beached location. Meanwhile, Philips obtained a judgment against Martin for unpaid insurance premiums. Philips attached the Mermaid I, which meant that the ship could be used to satisfy Philips’s judgment. When Blumenstein saw the notice of attachment on the ship, he filed an intervening complaint in Philips’s suit against Martin. Blumenstein argued that the ship belonged to him because the quitclaim deed was executed prior to the attachment. Philips argued that the quitclaim deed was a fraudulent transfer because Martin was insolvent when it happened, and because Blumenstein never took possession of the ship. The trial court held that the transfer was presumably fraudulent. Blumenstein appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Connor, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 176,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.