Lombard v. Maguire-Penniman Co.
Supreme Court of New Hampshire
Trustee Process. The plaintiff brought a suit against the defendants to recover for the death of her intestate. The liability was one against which the trustees had insured the defendants and assumed the defence of the suit. The plaintiff recovered judgment but'the trustees have neither paid the defendants the indemnity to which they were entitled under the policy nor secured their release from the plaintiff’s claim.
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Trustee Process. The plaintiff brought a suit against the defendants to recover for the death of her intestate. The liability was one against which the trustees had insured the defendants and assumed the defence of the suit. The plaintiff recovered judgment but'the trustees have neither paid the defendants the indemnity to which they were entitled under the policy nor secured their release from the plaintiff’s claim. The defendants failed to pay the plaintiff’s judgment and she brought this suit and summoned the insurance company as trustees. The question of their chargeability was…
1Opinion of the CourtYoung, J.
The policy in question is like the one considered in Sanders v. Company, 72 N. H. 485, and the trustees concede that the plaintiff can recover the indemnity in equity but contend that it cannot be reached by trustee process. The question raised by this contention is, therefore, one of procedure merely. While there may have been a time when the court would consider such questions even though the party raising them conceded that the other party was entitled to the relief praye'd for in some form of action, that is not its custom at the present time, for experience has shown that no useful…
2Cases cited1 opinion
- Patterson v. AdanSupreme Court of Minnesota · 1912
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