Royal Trust Co. v. Gardiner
Court of Appeals for the D.C. Circuit
Hearing on appeals by two of three defendants from a decree of the Supreme Court of the District of Columbia granting the relief prayed for in a bill in the nature of a bill of inter-pleader and restraining the prosecution in an action at law.
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Hearing on appeals by two of three defendants from a decree of the Supreme Court of the District of Columbia granting the relief prayed for in a bill in the nature of a bill of inter-pleader and restraining the prosecution in an action at law. The Court in the opinion stated the facts as follows: The Pittsburgh Life & Trust Company, a Pennsylvania corporation having an office and doing business in the District of Columbia, was liable on two policies of insurance on the life of Harry B. Tiffany, whose wife, Anna B. Tiffany, was the beneficiary. Mr. Tiffany died May 5, 1913, having assigned and…
1Opinion of the CourtJustice Robb
It is apparent that this controversy involves the proceeds of the two insurance policies, and that, but for the failure of service on the trust company, it might have been determined under Mrs. Tiffany’s bill, the only question then being whether she or the trust company was entitled to those proceeds. Under such conditions, a bill in equity will lie, since thereby circuity, of action is avoided. Pease v. Supreme Assembly Royal Soc. G. F. 176 Mass. 506, 57 N. E. 1003. Before service as to the trust company had been quashed, the insurance company, complying with an order of the court,…
2Cases cited12 opinions
- Smyth v. AmesSupreme Court of the United States · 1898
- Freeman v. HoweSupreme Court of the United States · 1861
- Oelrichs v. SpainSupreme Court of the United States · 1872
- Groves v. SentellSupreme Court of the United States · 1894
- Farwell v. Great Western Telegraph Co.Illinois Supreme Court · 1896
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