Legal Opinion

Brown v. Hannagan

Massachusetts Supreme Judicial Court

Decided November 28, 1911PublishedCited by 25 opinions

Bill in equity, filed in the Supreme Judicial Court on September 19, 1908, alleging the plaintiff’s claim against the defendant Hannagan as stated in the opinion, and further alleging that the defendant Hannagan gave to the plaintiff a check for the amount of such claim but stopped the payment of such check before it could be collected, and that the plaintiff brought an action upon the check and obtained a judgment against the defendant Hannagan for $1,189.28 damages and…

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Bill in equity, filed in the Supreme Judicial Court on September 19, 1908, alleging the plaintiff’s claim against the defendant Hannagan as stated in the opinion, and further alleging that the defendant Hannagan gave to the plaintiff a check for the amount of such claim but stopped the payment of such check before it could be collected, and that the plaintiff brought an action upon the check and obtained a judgment against the defendant Hannagan for $1,189.28 damages and $27.65 costs, that the judgment remained unsatisfied, that subsequently the defendant Hannagan filed a voluntary petition…

1Opinion of the CourtDeCourcy, J.

The defendant Hannagan (hereinafter called" the defendant) was executor of his mother’s will, and as such executor collected her life insurance. The plaintiff was named in the policy as a beneficiary to the extent of two fifths. The insurance money was deposited in a national bank by the defendant in his own name; and as the plaintiff’s share never was paid to him nor turned over to the estate it must be assumed that it was appropriated by the defendant to his own use. The main question in the case is whether the plaintiff’s claim is barred by the defendant’s discharge in bankruptcy.

Upon the…

2Cases cited8 opinions

  1. Boynton v. BallSupreme Court of the United States · 1887
  2. Murphy v. ManningMassachusetts Supreme Judicial Court · 1883
  3. Crisfield v. StateCourt of Appeals of Maryland · 1880
  4. Haggerty v. BadkinNew Jersey Court of Chancery · 1907
  5. Tallant v. StedmanMassachusetts Supreme Judicial Court · 1900

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3Cited by25 opinions

  1. Clair v. ColmesMassachusetts Supreme Judicial Court · 1923
  2. Guernsey-Newton Co. v. NapierWashington Supreme Court · 1929
  3. Citizens Mutual Automobile Insurance v. GardnerMichigan Supreme Court · 1946
  4. Fidelity & Casualty Co. of New York v. GolomboskySupreme Court of Connecticut · 1946
  5. Badger v. Jordan Marsh Co.Massachusetts Supreme Judicial Court · 1926

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