163, 165, 74 N. 356 (1905). Goodwill is an asset unless the partnership agreement deems it of no value and the course of dealing of the partners confirms that status. We agree with her that attorneys' fees can be awarded to a prevailing plaintiff in a case like this notwithstanding the insurer's lack of willfulness. 9 Fairness is a two-way street: to sanction an award of attorneys' fees to Sandra in this instance would not do justice, but rather would produce an undeserved windfall for appellant. Mr. The equitable life assurance society of us. CHIEF JUSTICE HERSHEY, concurring in part and dissenting in part: I concur in a reversal based on undue restriction of proof of value, but I also believe the trial court erred in refusing evidence in support of the cross petition. Equitable paid over the 30% share of the group life proceeds on August 15, 1980.
- The equitable life assurance company
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The Equitable Life Assurance Company
State of the Law Before DawsonGenerally, goodwill is a distributable asset of a partnership. What is more, the better-reasoned opinions in other jurisdictions appear fully consistent with the view which we espoused in Boston Safe and which we today reaffirm. Upon his death, therefore, Anna Laura became entitled to the amount to be paid upon the certificate, as her absolute property; appellees' executors, having collected from the Royal Arcanum, hold the amount so collected in trust for her, but they have no right to control, manage, and dispose of the fund as directed by the will, because, as to that fund, the will is of no effect. Supreme Court of Illinois. 357, 230 S. 2d 51, 55 (1950) ("If incorporated by reference it makes no difference whether the original document of itself was valid at law or not.... A prior defectively executed will... may thus be incorporated. They do not wait for their efficacy upon the happening of a future event. Cook v. equitable life assurance society of the united states. Like William Shakespeare's account of King Ferdinand of Navarre and his much-befuddled lords, this too is a case of "Love's Labour's Lost. " They are in no wise modified or increased at the time of the death of the insured. 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.
Cook V. Equitable Life Assurance Society Of The United
421, was decided in June, 1888, about four years before this contract was made. 1970); Equitable Life Assurance Soc'y v. Cooper, 328 1126, 1127 (W. ). W. The equitable life assurance company. Winkler /s/ Mary A. Winkler". The court found that the law firm deemed goodwill to be of no value based upon the express language of the White & Case partnership agreement as well as the partnership's course of dealing,. They settled in Newton, Massachusetts. 16, 104 N. 795: "Our courts have indicated that the rule in this State is, that without some other fact or facts, in aid of the change the insured cannot change the beneficiary by the execution of a will.
Cook V. Equitable Life Assurance Society For The Prevention
1986), not out of whatever sums may be handy. 320, 324, 168 N. 804 (1929); see also Montague v. Hayes, 76 Mass. 10 Gray) 609, 611 (1858) (letter contract created trust); Arms v. Ashley, 21 Mass. Was the Verdict Sheet presented to the jury, and the charge to the jury, erroneous and prejudicial to the defendants, warranting a new trial?
Cook V. Equitable Life Assurance Society Of The United States
Next, the understanding by the recipient of its defamatory meaning. Denied, the court recognized an insured's right to rely on the provisions of the policy in regard to change of beneficiary:"We must reject appellant's contention that the provisions set forth in the certificate, as mentioned above, are for the exclusive benefit of the insurance company and may be waived at will. There is no indication that Douglas took any action in the fourteen years between his divorce from Doris and his death, other than the making of the will, to change the beneficiary of his life insurance policy from Doris to Margaret and Daniel. They also noted that if. We may be sympathetic to the cause of the decedent's widow and son, and it might seem that a departure from the general rule in an attempt to do equity under these facts would be noble.
The Equitable Life Assurance Society Of Us
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. Presented to us, then, is the question of the consequence of failing to appeal an order "within the time and to the same extent as an appeal from a final order of court in a civil action. " 72, 81, 365 N. 2d 802 (1977); cf. Lehmann Estate, 388 Ill. 416. ) She waited for an inexplicably long time before finally deigning to ask the court for a disposition as to this sum. These instructions accurately reflect the law of defamation in Pennsylvania. Was concerned, the contract on file with Equitable clearly indicated that. See 5 M. Rhodes, Couch on Insurance 2d Sec. However Cook failed to notify the insurance holder that he wanted to change the beneficiary of his policy. The prayer for counsel fees must be denied. Miketic v. 2d 324, 327 (). V. WAS EQUITABLE INEQUITABLE? Contemporaneous with the start of suit, Equitable deposited into the district court's registry $117, 300--an amount representing the residual 70% of the life policy and the entire value of the accidental death policy. Section 7304 relates to compelling arbitration under agreements to arbitrate.
The complainant's contention, as above stated, that there is such a trust in the fund mentioned, has never been regarded as the law in the state of New York" (citing New York cases) "nor anywhere else so far as any case has been cited on the subject. I note that the 16-foot alley said to preclude an interrelationship between the two tracts was at one time owned by the respondents and became a public way through their action, and it is of virtually no use to anyone except Wieboldt and its customers., ) then the fact of acquisition "at different times, from different owners, and for different purposes, " is irrelevant. 29, Insurance, § 1292, p. 965.
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