Aetna Life Insurance Company v. Patrick Tremblay
| Decision Date | 19 February 1912 |
| Docket Number | No. 166,166 |
| Citation | 56 L.Ed. 398,32 S.Ct. 309,223 U.S. 185 |
| Parties | AETNA LIFE INSURANCE COMPANY, Plff. in Err., v. PATRICK C. TREMBLAY |
| Court | U.S. Supreme Court |
Mr. Ralph W. Crockett for plaintiff in error.
[Argument of Counsel from pages 185-187 intentionally omitted] Messrs. Henry W. Oakes and William Frye White for defendant in error.
[Argument of Counsel from page 187 intentionally omitted] Mr. Chief Justice White delivered the opinion of the court:
The facts are these: At Quebec, Canada, in 1885, the plaintiff in error issued its policy of insurance for $2,000 upon the life of Jean O. Tremblay, a resident of Canada, his wife being named as the beneficiary. In 1891 Tremblay assigned the policy as collateral security to J. B. Cloutier, of Quebec. Ten years later Mr. and Mrs. Tremblay assigned the policy to their son, Patrick F. Tremblay, subject to the claim of Cloutier. Soon after this last assignment, Jean O. Tremblay died, and both assignees made claim upon the insurance company. The contending claimants not being able to agree as to the amount of the claim of Cloutier, the insurance company, as authorized by the statutes of Canada, paid the amount of the policy to the Provincial Treasurer of Quebec. Cloutier then brought suit upon the policy, making the heirs, widow and son of the insured, parties defendant. None of the defendants appeared; judgment by default was entered in favor of Cloutier, and the money was paid over to him by the Provincial Treasurer. During the pendency of Cloutier's suit, however, and before the latter obtained his judgment, Patrick F. Tremblay sued the insurance company in a court of the state of Maine, and recovered judgment for the full amount due upon the policy. 97 Me. 547, 94 Am. St. Rep. 521, 55 Atl. 509. The insurance company then unsuccessfully attempted, by a suit in equity, to stay the collection of the judgment in the action at law. 101 Me. 585, 65 Atl. 22. Presumably in consequence of an intimation of the court when dismissing the equity cause, the insurance company began this proceeding for a review of the action at law, and the same culminated in a judgment in favor of the insurance company against Tremblay for $818.33 and interest, the sum found to be due to Cloutier, as equitable assignee of the policy, for his advances to the original holder of the policy, thereby operating a set-off of the amount against Tremblay's judgment upon the policy. This writ of error was then...
To continue reading
Request your trial
-
United States v. Pink
...applicable only to the judgments and public acts of states of the Union and not those of foreign states. Aetna Life Insurance Co. v. Tremblay, 223 U.S. 185, 32 S.Ct. 309, 56 L.Ed. 398; cf. Bank of Augusta v. Earle, 13 Pet. 519, 589, 590, 10 L.Ed. 274; Bond v. Hume, 243 U.S. 15, 21, 22, 37 S......
-
Van Den Biggelaar v. Wagner
...requirement such as affording full faith and credit to the judgments of the courts of sister states. See Aetna Life Ins. Co. v. Tremblay, 223 U.S. 185, 32 S.Ct. 309, 56 L.Ed. 398 (1912); de la Mata v. American Life Ins. Co., 771 F.Supp. 1375 (D.Del.1991), aff'd, 961 F.2d 208 (3d Cir.1992). ......
-
In re Bruetman, 99 B 09107
...United States requires federal courts to give full faith and credit to the judgments of foreign nations. Aetna Life Ins. Co. v. Tremblay, 223 U.S. 185, 32 S.Ct. 309, 56 L.Ed. 398 (1912). However, under the principles of international comity, United States federal courts generally will under......
-
Commissions Import Export S.A. v. Republic Congo
...the states.” Reply Br. 24; seeRestatement (Third) of Foreign Relations § 481 cmt. a (1987); see also Aetna Life Ins. Co. v. Tremblay, 223 U.S. 185, 190, 32 S.Ct. 309, 56 L.Ed. 398 (1912); Johnston v. Compagnie Generale Transatlantique, 242 N.Y. 381, 152 N.E. 121, 123 (1926). Because “Congre......