Lynch v. Hartford Fire Ins.
United States Circuit Court
Plaintiff brought this action to recover the amount of insurance on bis stock of groceries in store No. 44. Market street, Portsmouth, dostroyed by fire November 28, 1882, entered in this court at the May term. The insurance companies filed a plea in abatement, on th6 ground that the amount in their hands had been attached by trustee processes, by various creditors of Lynch.
1Opinion of the CourtLowell, J.
The defendants severally plead in abatement of these actions that before the date of the writs they were summoned as trustees or garnishees of the plaintiff in three actions in the superior court of Massachusetts, and one in the supreme ehurt of New Hampshire, which are still pending. The plaintiff demurs. The general rule is that a plea of lis alibi pendens is not good when the litigation is in a court of foreign jurisdiction. . We may regret this, but it has been repeatedly so held. This rule is modified by courts of equity and admiralty, who will require a plaintiff who has a suit pending…
2Cases cited13 opinions
- STANTON v. Embrey, AdministratorSupreme Court of the United States · 1877
- Bank of North America v. WheelerSupreme Court of Connecticut · 1859
- Embree & Collins v. HannaNew York Supreme Court · 1809
- Eddy v. O'HaraMassachusetts Supreme Judicial Court · 1882
- Johnson v. BallouMichigan Supreme Court · 1874
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3Cited by5 opinions
- Barnsdall v. WaltemeyerCourt of Appeals for the Eighth Circuit · 1905
- Boston & M. R. R. v. DutilleCourt of Appeals for the First Circuit · 1923
- Rhederei Actien Gesellschaft Oceana v. Clutha Shipping Co.District Court, D. Maryland · 1915
- Kent v. County Fire InsuranceCalifornia Court of Appeal · 1938
- Holt v. TullettHawaii Supreme Court · 1906