Barry v. Mutual Life Insurance
New York Supreme Court
Appeal from an order restraining two of the defendants from prosecuting, in another court, an action involving the same subject-matter as this action. The complaint was filed, in this action, on the 13th of April, 1872 and sets forth the issuing by the Mutual Life Insurance Company, the defendant, of two policies of insurance upon the life of John S. Barry for the benefit of his wife, the plaintiff.
Read the full summary
Appeal from an order restraining two of the defendants from prosecuting, in another court, an action involving the same subject-matter as this action. The complaint was filed, in this action, on the 13th of April, 1872 and sets forth the issuing by the Mutual Life Insurance Company, the defendant, of two policies of insurance upon the life of John S. Barry for the benefit of his wife, the plaintiff. The insured died in March, 1872, and this action is brought to recover the amount of these policies. It is claimed that these policies were assigned by John S. Barry and the plaintiff to Bruñe,…
1Opinion of the CourtFancheb, J.
It seems to be a settled principle, that, where two tribunals have concurrent jurisdiction, the one which first obtains jurisdiction of the parties, and of the subject-matter, has the right to determine the controversy, and do justice to all concerned. Sherry v. Bacon, 10 How. 58; Ex parte Robinson, 6 McLean, 355; Smith v. McIvers, 9 Wheat. 532. It is also well settled, that a court of competent jurisdiction of this State has power to enjoin a party to an action pending before it from interpleading an adverse party in a foreign tribunal, relative to the same controversy. Field v. Holbrook, 3…
2Cases cited9 opinions
- Massie v. WattsSupreme Court of the United States · 1810
- Smith v. McIverSupreme Court of the United States · 1824
- Mitchell v. BunchNew York Court of Chancery · 1831
- Ex parte RobinsonU.S. Circuit Court for the District of Southern Ohio · 1855
- Vail v. KnappNew York Supreme Court · 1867
4 more not listed; retrieve them via the Exa API.