American Bank v. Rollins
Massachusetts Supreme Judicial Court
Trustee process. Elbridge F. Rollins, the principal defendant, was defaulted. The Equitable Safety Insurance Company, summoned as trustee, disclosed, in answers to the plaintiff’s interrogatories, that in 1860 it made a policy of marine insurance upon the interest of Rollins in the ship Forest Oak, upon which policy a loss was claimed and an action brought by Rollins in the state of Maine, in which the insurers appeared by attorney and which was removed to the circuit court…
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Trustee process. Elbridge F. Rollins, the principal defendant, was defaulted. The Equitable Safety Insurance Company, summoned as trustee, disclosed, in answers to the plaintiff’s interrogatories, that in 1860 it made a policy of marine insurance upon the interest of Rollins in the ship Forest Oak, upon which policy a loss was claimed and an action brought by Rollins in the state of Maine, in which the insurers appeared by attorney and which was removed to the circuit court of the United States for the district, of Maine, where it was pending on August 24, 1865, when the writ in this action…
1Opinion of the CourtFoster, J.
This cause depends upon the principles deter mined in Whipple v. Robbins, 97 Mass. 107. The insurance company was summoned as trustee in the present action in August 1865; and an action was then pending against the com pony, in favor of the present defendant, in the state of Maine. The pendency of this prior suit is relied upon by the corporation as a reason why it should not be charged as trustee in this Commonwealth.
A trustee process pending in one state has been held a good defence to a subsequent action brought in another jurisdiction by the defendant in the first suit against his debtor,…
2Cases cited3 opinions
- Wallace v. McConnellSupreme Court of the United States · 1839
- Bissell v. KipNew York Supreme Court · 1809
- Whipple v. RobbinsMassachusetts Supreme Judicial Court · 1867
3Cited by25 opinions
- Sanders v. Armour Fertilizer WorksSupreme Court of the United States · 1934
- Merrill v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1869
- Lancashire Insurance v. CorbettsIllinois Supreme Court · 1897
- Harvey v. Great Northern Ry. Co.Supreme Court of Minnesota · 1892
- Shrewsbury v. TuftsWest Virginia Supreme Court · 1895
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