Legal Opinion

Stanton v. Embry

Supreme Court of Connecticut

Decided March 15, 1879PublishedCited by 11 opinions

Bill in equity for an injunction against further proceedings in an action at law upon a judgment obtained against the petitioners by the respondent as administrator of the estate of one Atkinson; brought to the Superior Court in New London County. The case was before this court at a former term, (ante p. 65,) upon a demurrer to the bill.

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Bill in equity for an injunction against further proceedings in an action at law upon a judgment obtained against the petitioners by the respondent as administrator of the estate of one Atkinson; brought to the Superior Court in New London County. The case was before this court at a former term, (ante p. 65,) upon a demurrer to the bill. The court held the bill to be sufficient, and the case was referred by the Superior Court to a committee, who made a finding of the facts, and upon these facts the case was reserved for the advice of this court.

1Opinion of the CourtPardee, J.

In 1862 R. J. Atkinson, the respondent’s decedent, made a contract with the petitioners whereby he bound himself to assist them in the enforcement of a claim against the United States, and accept in full compensation for such service five per cent, of the amount allowed. He completed his undertaking, the sum of $45,925.17 was allowed, and he became entitled to receive $2,296.25. This sum remained unpaid at his death, which occurred on February 25th, 1871. The respondent having been duly appointed *596administrator upon liis estate, demanded of the petitioners, residents in this state, payment of…

2Cases cited1 opinion

  1. Pearce v. OlneySupreme Court of Connecticut · 1850

3Cited by11 opinions

  1. Embry v. PalmerSupreme Court of the United States · 1883
  2. Cummings Ex Rel. Eliott v. Lake Torpedo Boat Co.Supreme Court of Connecticut · 1916
  3. Usen v. UsenSupreme Judicial Court of Maine · 1940
  4. Overmire v. HaworthSupreme Court of Minnesota · 1892
  5. United States Life Ins. v. CableCourt of Appeals for the Seventh Circuit · 1900

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