Atlantic Fire & Marine Insurance v. Wilson, Gall & Co.
Supreme Court of Rhode Island
Bill in equity to enjoin a suit at law commenced against the complainants as garnishees, for the amount of a loss, attached by the respondents, and to which their debtors, Wage & Scott, of Buffalo, were entitled, under a policy of fire insurance effected by them with the complainants.
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Bill in equity to enjoin a suit at law commenced against the complainants as garnishees, for the amount of a loss, attached by the respondents, and to which their debtors, Wage & Scott, of Buffalo, were entitled, under a policy of fire insurance effected by them with the complainants. It appeared, that the assured, Wage & Scott, being indebted to* the respondents, were sued by them at the March term of the supreme court for the county of Providence, 1855, and that the writ was served by attaching, in the hands of the complainants', the amount of the loss due to Wage & Scott under the policy.…
1Opinion of the CourtAmes, C. J.
The main ground laid in the bill, upon which we are asked to enjoin the respondents from prosecuting their suit at law against the complainants as garnishees, is, that the complainants were prevented from answering or making affidavit in the suit in which they were served, by the confidence which they reposed in a positive agreement entered into between them and the attorneys of the respondent, in violation or fraud of which a judgment was obtained in that suit. We are not satisfied, by the proof, that any such agreement, or' any agreement, was made by the attorneys of the respondent with the…
2Cited by4 opinions
- Votolato v. McCaullSupreme Court of Rhode Island · 1953
- Beaudoin v. BeaudoinSupreme Court of Rhode Island · 1957
- McDonough v. McDonoughSupreme Court of Rhode Island · 1958
- Sinclair v. Industrial National BankSupreme Court of Rhode Island · 1959