Griffin v. Mutual Life Insurance
Supreme Court of Georgia
Complaint. Before Judge Reid. ■ City court of Atlanta. January 19,1903. ‘ On November 23,1901, Griffin brought suit against the Mutual Life Insurance Company of New York, for $244, alleged to be due as commissions on policies of insurance written by him as agent of the company.
Read the full summary
Complaint. Before Judge Reid. ■ City court of Atlanta. January 19,1903. ‘ On November 23,1901, Griffin brought suit against the Mutual Life Insurance Company of New York, for $244, alleged to be due as commissions on policies of insurance written by him as agent of the company. The defendant appeared and answered; and, on June T9, 1903, amended its'answer by alleging that on December 5, 1901, the plaintiff had been duly adjudicated a bankrupt, and moved to dismiss the suit on this ground. This issue was submitted to the judge without a jury, it being admitted that Griffin had been adjudicated…
1Opinion of the CourtLamar, J.
(after stating the foregoing facts.) We infer from the briefs and argument that the defendant insisted in the court' below that the title to the chose in action, on which suit had been brought in the State court, vested by operation of law in the trustee in bankruptcy, and that the suit should be dismissed, because the company would not be protected in any payment- -it might' - make to the plaintiff, if thereafter sued for the same cause of action by the trustee. Under the bankrupt act of 1868, it was held to be no defense to an action for a debt that the creditor had become a bankrupt. •…
2Cases cited5 opinions
- Hauselt v. HarrisonSupreme Court of the United States · 1882
- Reed v. PaulMassachusetts Supreme Judicial Court · 1881
- Gilmore v. BangsSupreme Court of Georgia · 1875
- Herring v. DowningMassachusetts Supreme Judicial Court · 1888
- Southern Express Co. v. ConnorSupreme Court of Georgia · 1872
3Cited by23 opinions
- Meyer v. FlemingSupreme Court of the United States · 1946
- Van Der Stegen v. Neuss, Hesslein & Co.New York Court of Appeals · 1936
- Danciger & Emerich Oil Co. v. SmithSupreme Court of the United States · 1928
- Paradise v. Vogtlandische Maschinen-FabrikCourt of Appeals for the Third Circuit · 1938
- Gate City Cotton Mills v. MillsSupreme Court of Georgia · 1907
18 more not listed; retrieve them via the Exa API.