Tateum v. Ross
Massachusetts Supreme Judicial Court
Bill iu equity, filed in the Superior Court on April 30,1888, by the administratrix of the estate of Thomas E. Tateum, to recover a balance of the proceeds of a certificate of membership in a beneficiary association issued to the intestate, and made payable to the defendant. The defendant demurred for want of equity, and on the ground that the plaintiff had a plain, adequate, and complete remedy at law. Dewey, J., overruled the demurrer.
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Bill iu equity, filed in the Superior Court on April 30,1888, by the administratrix of the estate of Thomas E. Tateum, to recover a balance of the proceeds of a certificate of membership in a beneficiary association issued to the intestate, and made payable to the defendant. The defendant demurred for want of equity, and on the ground that the plaintiff had a plain, adequate, and complete remedy at law. Dewey, J., overruled the demurrer. The case was afterwards heard by Staples, J., and was as follows. On March 19, 1881, the defendant, to whom Tateum was indebted in the sum of thirteen…
1Opinion of the CourtKsrowLTOR, J.
The rights of the parties in this case depend upon the meaning of the contract, a copy of which is annexed to the plaintiff’s bill. The defendant contends that, under the contract, his right to the policy was absolute, and that he was entitled to all the proceeds of it, unless Thomas E. Tateum in his lifetime availed himself of lus right to have it upon payment of the debt due the defendant, together with the premiums and the expenses of obtaining and continuing the insurance. The plaintiff, on the other hand, contends that the contract shows the existence of a debt, payment of which the…
2Cited by7 opinions
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- Chamberlain v. JamesMassachusetts Supreme Judicial Court · 1936
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