Bain v. Atkins
Massachusetts Supreme Judicial Court
Bill in equity, filed January 19, 1898, and amended February 12,1901, by an infant, by his mother and next friend, having a judgment against the defendant Atkins for §7,000, wholly unsatisfied, to reach and apply insurance of §5,000 under a policy issued to the defendant Atkins by the defendant the Union Casualty aud Surety Company toward the payment of the plaintiff’s judgment.
Read the full summary
Bill in equity, filed January 19, 1898, and amended February 12,1901, by an infant, by his mother and next friend, having a judgment against the defendant Atkins for §7,000, wholly unsatisfied, to reach and apply insurance of §5,000 under a policy issued to the defendant Atkins by the defendant the Union Casualty aud Surety Company toward the payment of the plaintiff’s judgment. The case came on to be heard before Morton, J., who, with the consent .of the parties, reserved it for the consideration of the full court, such decree to be entered as equity and justice might require. Certain facts…
1Opinion of the CourtBarker, J.
It is now settled by the findings and the agreed facts that when the plaintiff began this attempt to reach in liquidation of his claim against Atkins a supposed obligation to Atkins on the part of the Union Casualty and Surety Company that obligation was no longer in existence. The bill was filed on January 19, 1898. Nine days before that date, the supposed *243obligation, disputed by the company, had been ended by an actual payment of money then made by the company to Atkins on a settlement made in good faith on the part of both and without notice to either of any claim on the part of the…
2Cases cited8 opinions
- Keller v. AshfordSupreme Court of the United States · 1890
- Locke v. HomerMassachusetts Supreme Judicial Court · 1881
- American Employers' Liability Insurance v. FordyceSupreme Court of Arkansas · 1896
- Anoka Lumber Co. v. Fidelity & Casualty Co.Supreme Court of Minnesota · 1895
- Fenton v. Fidelity & Casualty Co.Oregon Supreme Court · 1899
3 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Kuntz v. SpenceTexas Commission of Appeals · 1934
- Clark v. Bonsal & Co.Supreme Court of North Carolina · 1911
- Sanders v. Frankfort Marine, Accident & Plate Glass InsuranceSupreme Court of New Hampshire · 1904
- Quinlan v. Liberty Bank and Trust Co.Supreme Court of Louisiana · 1991
- Cushman v. Carbondale Fuel Co.Supreme Court of Iowa · 1904
18 more not listed; retrieve them via the Exa API.