City Of Chicago V. Equitable Life Assurance Soc., Us, 134 N.E.2D 296, 8 Ill. 2D 341 – .Com, Glow In The Dark Pipes By Piecemaker Gear

July 21, 2024, 8:01 am

Sandra Porter-Englehart, Defendant, Appellant. Rather, we believe the "excessive" verdict is just that - a verdict based on the jury's inferred amount of losses due to non-payment of renewal commissions. ¶ 17 Appellants also contend that the evidence was insufficient to sustain a verdict of $125, 000 on the breach of contract claim or $500, 000 on the defamation claim. 2d 362, 366 n. 7 (). 770, 777, 291 N. 2d 609 (1973) (quoting Gordon v. Gordon, 332 Mass. 366, 371, 170 N. 2d 350 (1960). The court on appeal held that the trial court had erred in sustaining a demurrer to paragraph three of the complaint which stated facts sufficient to constitute an action upon equitable principles, but had properly sustained a demurrer to paragraph four of the complaint which merely stated that the insured had changed the beneficiaries of her certificate by will. The equitable life assurance society of us. The fact, as alleged, that the amounts were paid to the complainant and accepted by him on the fraudulent representations of the officers that such amounts were all that were due, has no effect upon the question of the equitable and proper distribution of the fund that was, as a matter of fact, actually distributed. In others, having no statute in point, the matter is simply dealt with as a matter of common law and interpretation of partnership agreements.

  1. Cook v. equitable life assurance society of the united
  2. The equitable life assurance society of us
  3. Cook v. equitable life assurance society for the prevention of cruelty
  4. Cook v. equitable life assurance society of the united states
  5. The equitable life assurance company
  6. Scottish equitable life assurance policy
  7. Cook v. equitable life assurance society conference
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Cook V. Equitable Life Assurance Society Of The United

The policy proceeds are to be paid to the beneficiary designated therein. The equitable life assurance company. Upon Kendrick's death, however, a sealed letter was found inside his desk. Whether valid or not, it contained proof of Manfred's "words and conduct and... end to be accomplished, " Carpenter, 362 Mass. Thus, the district court, on remand, should calculate the interest due for the period August 15, 1980 through April 12, 1985 at 12% per annum, see id.

The Equitable Life Assurance Society Of Us

Thus, contrary to the apparent assumption of the court below, Equitable's perceived good faith was not dispositive of the issue. In this area of defamation Mr. Cooke has the burden of proof․ Keep this in mind, the plaintiff such as Mr. Cooke in a defamation case has the burden of proving, one, the defamatory character of the communication. After all, to support an interpleader action, the adverse claims need attain only "a minimal threshold level of substantiality. " In re Brown, 242 N. 1 (N. 1926). Reasoning: There are three exceptions to this rule, but Indiana has specifically rejected Margaret's argument that the rule should be for the exclusive protection of the insurer. This alley, which is 16 feet in width, extends east 125 feet from Peoria Street to a north-south alley which connects with both Green and Sixty-fourth streets. The court does not cite a single case in support of its holding; and did not answer a single opposing case except by its own ipse dixit. The evidence to support such a conclusion was sufficient. Hrant H. Russian, Cambridge, Mass., for defendants-appellees Merle Joy Englehart, individually and as Trustee under the Last Will and Testament of Manfred O. Cook v. equitable life assurance society of the united. Englehart, John O. Englehart, William L. Englehart, Andrew D. Englehart and Colleen A. Englehart. The partnership agreement deemed goodwill to be of no value. Physical contiguity is important, however, in that it frequently has great bearing on the question of unity of use. This is not such a case where the insured has done all in his power which he can do to change the beneficiary, and then some intervening cause or his death before the change is effective has occurred preventing the effectuation of the change so that a court of equity will decree that to be done which ought to be done. 10 Gray) 609, 611 (1858) (letter contract created trust); Arms v. Ashley, 21 Mass. Nevertheless, such a course is fraught with the dangers of eroding a solidly paved pathway of the law and leaving in its stead only a gaping hole of uncertainty.

Cook V. Equitable Life Assurance Society For The Prevention Of Cruelty

He subsequently became a licensed insurance broker and began offering a wide range of products from different companies to his clients. SUMMARYThe law firm of White & Case dissolved in 1988 to expel a partner and immediately reformed under the same name. In Dawson, the entire firm reformed absent one partner. The parties, agreeing on little else, acknowledge that the substantive law of Massachusetts controls. Where there is a present, unified, business use, as in the instant case, courts generally have adopted a more liberal view.

Cook V. Equitable Life Assurance Society Of The United States

The insurer, the insured, and beneficiary should be able to rely on the certainty that policy provisions relating to the naming and changing of beneficiaries will control. And I was shocked that any former employer would bad mouth an employee that had been with them for so many years when they left. " 1938), the decedent purchased life insurance policies payable to the plaintiff as trustee, without specifying the trust's beneficiaries. So the basic rule is that if. Trial Rule 56(C) states, in pertinent part: "The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits and testimony, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. " 374, 377, 54 N. 886 (1899) (wife's written statement, read in conjunction with separate letter to mother, constituted "valid and sufficient declaration of trust"); Urann v. Coates, 109 Mass. Since the value of property depends to a great extent upon its physical location, and since along with other elements it provides the very foundation upon which an opinion is based, it was entirely proper for the defendants in this case to inquire as to whether these factors had been fully considered by the witnesses. The district court entered summary judgment for the insurer because the record contained "no indication of bad faith on the part of [Equitable]" in bringing the interpleader and paying the 30% share into court. The threat of possible multiple litigation--not necessarily the likelihood of duplicative liability--justifies resort to interpleader. The divorce decree made no provision regarding the insurance policy, but did state the following: "It is further understood and agreed between the parties hereto that the provisions of this agreement shall be in full satisfaction of all claims by either of said parties against the other, including alimony, support and maintenance money. " Sympathized with Margaret, but found that there was good public policy in. If the Uniform Probate. On October 18, 1974, Manfred married Sandra Porter-Englehart.

The Equitable Life Assurance Company

The district court therefore erred in granting brevis disposition on the first counterclaim in plaintiff's favor; Sandra was entitled to a finding. Soc., 145 F. 2d 945, 949 (3d Cir. There, the decedent (Kendrick) purchased a life insurance policy and made it payable to "Edward A. Taft, trustee. " See *351 be the destruction of the enterprise. One reason for this is expressed as follows at page 1226-7 of the annotation: "There is an outstanding difference between the properties heretofore considered and such properties as may be roughly termed business and industrial units. The judgments below are affirmed, save only for the summary judgment in plaintiff's favor on the first counterclaim.

Scottish Equitable Life Assurance Policy

The court concluded that pension payments were not a liability of the firm. Ronald Chinnock, a defense witness, stated that in his opinion the value of the parking lot property was $206, 160. SUMMARY] | [ISSUE & DISPOSITION] | [AUTHORITIES CITED] | [COMMENTARY]. Since Manfred "surely would not have created a void designation ab initio, " id. Next, the understanding by the recipient of its defamatory meaning. She waited for an inexplicably long time before finally deigning to ask the court for a disposition as to this sum.

Cook V. Equitable Life Assurance Society Conference

W. Winkler /s/ Mary A. Winkler". ¶ 5 Appellants raise eight questions on appeal: 1. It is hornbook law that a life insurance policy "is not a will but a contract entered into between the insured on one side, and the insurance company.... " Davis v. New York Life Ins. You have a valid will and a valid insurance policy, the beneficiary. That language, appellant urges, should be read as though an adjective--say, "valid" or "probate-eligible"--modified "Last Will and Testament. " 704, 708, 166 N. 2d 204 (1960) (damages for breach of contract assessed on the principle "that the injured party shall be placed in the same position he would have been in if the contract had been performed"). 9(3), which uses bad faith as a springboard, does not avail appellant.

Sandra was also entitled to interest at the rate of 12% on the wrongfully-withheld funds for the period of detention. Douglas Cook named the appellant, Doris Cook, the beneficiary of his life insurance policy. Was concerned, the contract on file with Equitable clearly indicated that. We, therefore, invoke a maxim equally as venerable as the one upon which appellants rely in the determination of this cause: Equity aids the vigilant, not those who slumber on their rights. 1) Two or more adverse claimants, of diverse citizenship... are claiming or may claim to be entitled to... any one or more of the benefits arising by virtue of any... policy or other instrument, or arising by virtue of any such obligation; and if (2) the plaintiff has deposited... the amount due under such obligation into the registry of the court, there to abide the judgment of the court.... 28 U.

And (2) "Have there been any sales of areas of a size equal to this in recent years in this neighborhood? " Fabiano, 39 386, 387-88 (); Strachan v. Prudential Ins. A claim with Equitable for the money from the policy. We have previously held that, In reviewing a trial judge's charge, the proper test is not whether certain portions taken out of context appear erroneous. A cross petition was filed by these defendants in which they alleged that the taking of the parcel would seriously depreciate the value of the remaining store property and that they were entitled to additional compensation for this resulting damage. Instead, the court reasoned, the partnership's treatment of the pension plan coupled with the fact that the partnership agreement limited pension payments to no more than fifteen percent of partnership profits caused the pension payments to be operating expenses of the successor firm contingent on its future profits. However, prior to his death, decedent orally requested his agent to change the beneficiary, but the change was not made. Nor does the fact that the appellee is designated as `wife' alter the situation.

Furthermore, the court cited Disciplinary Rule 2-111 for the proposition that goodwill is includable among the assets in the sale of a partnership. The Nebraska Supreme Court cited a state statute for the proposition that "a partner who does not wrongfully dissolve a partnership is entitled to his share of the partnership's goodwill. " Lacking legal justification for withholding appellant's benefits and placing them into the court's registry, the insurer fell short of the standard set by ch. Scott v. Southwestern Mutual Fire Association, 436 242, 647 A.

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