Cook v. Richardson
Massachusetts Supreme Judicial Court
Bill in equity by an administrator to enforce the specific performance of an agreement of compromise to settle two pending suits against the estate of his intestate for §200, filed February 26, 1900. The estate had been represented insolvent, but if the compromise was allowed it would be solvent. The compromise was approved by a decree of the Probate Court and there was no appeal pending from that decree.
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Bill in equity by an administrator to enforce the specific performance of an agreement of compromise to settle two pending suits against the estate of his intestate for §200, filed February 26, 1900. The estate had been represented insolvent, but if the compromise was allowed it would be solvent. The compromise was approved by a decree of the Probate Court and there was no appeal pending from that decree. The case was heard by Holmes, C. J., who found that the plaintiff was entitled to the relief sought, subject to two questions of law raised by the defendant, who asked for the following…
1Opinion of the CourtLoring, J.
1. The objection that the administrator had an adequate remedy at law is not well taken. It was not a valid legal defence to the actions at law that Mrs. Richardson agreed to accept $200 in compromise of the claims there sued on, so long as she refused to accept the money ; and the fact, if it is a fact, that the relief sought by this bill in equity could have been as effectually set up in those actions as an equitable defence, does not deprive this court of its jurisdiction to entertain the bill, to enjoin the prosecution of the actions at law, and to direct the defendant to deliver the…
2Cases cited2 opinions
- New York, New Haven, & Hartford Railroad v. MartinMassachusetts Supreme Judicial Court · 1893
- Thayer v. KinseyMassachusetts Supreme Judicial Court · 1894
3Cited by17 opinions
- Peters v. WallachMassachusetts Supreme Judicial Court · 1975
- Jones v. JonesMassachusetts Supreme Judicial Court · 1937
- Dobias v. WhiteSupreme Court of North Carolina · 1954
- Malden Trust Co. v. BrooksMassachusetts Supreme Judicial Court · 1935
- Corrigan v. PayneMassachusetts Supreme Judicial Court · 1942
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