Moore v. Maryland Casualty Co.
Supreme Court of New Hampshire
Bill in Equity, praying that the Casualty Company be ordered to pay to the plaintiff the amount for which it is liable under its-contract of indemnity with the Marlborough Street Railway Company, a Massachusetts corporation.
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Bill in Equity, praying that the Casualty Company be ordered to pay to the plaintiff the amount for which it is liable under its-contract of indemnity with the Marlborough Street Railway Company, a Massachusetts corporation. The bill alleges that the plaintiff, an employee of the latter company, was accidentally injured on June 28, 1902, while attending to his duties; that said contract or policy of indemnity was then in force and covered the liability of the railway for the damages he then suffered; that he subsequently recovered judgment for. such damages in an action, against the railway…
1Opinion of the CourtWalker, J.
The plaintiff seeks a decree ordering the Casualty Company to perform its contract with the Railway Company, which is not a party to the suit, by the payment to him of the money it. agreed to pay the railway, upon the ground that as against the. parties to the contract, and in view of the insolvency of the railway, he is equitably entitled to the money due under the contract. The plaintiff was not a party to the contract, and whatever interest he has therein under the circumstances is equitable, not legal. If he is entitled to maintain a bill in equity for the money (Sanders v. Insurance Co.,…
2Cases cited5 opinions
- Mallow v. HindeSupreme Court of the United States · 1827
- California v. Southern Pacific Co.Supreme Court of the United States · 1895
- Gregory v. StetsonSupreme Court of the United States · 1890
- Scribner v. AdamsSupreme Judicial Court of Maine · 1882
- Stenchfield v. RobinsonU.S. Circuit Court for the District of Maine · 1880