City of Bridgeport v. Aetna Indemnity Co.
Supreme Court of Connecticut
Intervening application in receivership proceedings by the plaintiff, an alleged creditor of the defendant-company, praying for the allowance of its claim of $10,000, brought to the Superior Court in Hartford County and referred to a committee who found and reported the facts; the court, Greene, J., accepted the report and disallowed the claim, and the plaintiff appealed.
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Intervening application in receivership proceedings by the plaintiff, an alleged creditor of the defendant-company, praying for the allowance of its claim of $10,000, brought to the Superior Court in Hartford County and referred to a committee who found and reported the facts; the court, Greene, J., accepted the report and disallowed the claim, and the plaintiff appealed. January 7th, 1911, the Superior Court in Hartford County appointed a receiver for the Aetna Indemnity Company, then insolvent. In the course of the settlement of its affairs the City of Bridgeport presented to the receiver…
1Opinion of the CourtPrentice, C. J.
The receiver’s primary objection to the allowance of the city’s claim, or any part of it, is that at the time of his appointment on January 7th, 1911, there was no accrued liability arising under the bond which it gave to the city, since at that time the city had suffered no loss by reason of the By-Products Company’s breach of its contract. This objection is not well founded. The By-Products Company’s contract with the city was an entire and indivisible one. When that Company ceased operations and refused to receive further garbage, it committed a breach of that con tract. The breach was one…
2Cases cited22 opinions
- Pierce v. Tennessee Coal, Iron & RailroadSupreme Court of the United States · 1899
- Chemical National Bank v. Hartford Deposit Co.Supreme Court of the United States · 1896
- Schell v. . PlumbNew York Court of Appeals · 1874
- Jordan, Marsh & Co. v. PattersonSupreme Court of Connecticut · 1896
- Parker v. RussellMassachusetts Supreme Judicial Court · 1882
17 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Gordon v. Indusco Management Corp.Supreme Court of Connecticut · 1973
- Kennedy v. Johns-Manville Sales CorporationSupreme Court of Connecticut · 1948
- Ball v. T. J. Pardy Construction Co.Supreme Court of Connecticut · 1928
- Burr v. LichtenheimSupreme Court of Connecticut · 1983
- Appeal of Cohen From Board of Street CommissionersSupreme Court of Connecticut · 1933
15 more not listed; retrieve them via the Exa API.