Home Life Insurance v. Selig

Briscoe, J., delivered the opinion of the Court. This appeal is from an order of the Circuit Court No. 2, of Baltimore City, passed on the 16th of November, 1894, “refusing an application for an injunction and rescinding an order passed on the nth day of June of the same year, for an injunction and dismissing the bill with costs.” It will be observed that the proceedings were somewhat irregular, but the reasons therefor are stated by the learned Judge below in the order itself. And inasmuch as the bill upon .its face di,d not disclose a case for the jurisdiction of a Court of Equity, and was dismissed upon final hearing, no injury was done the plaintiff thereby. The matérial allegations of the bill may be thus stated: The appellant, The Home Life Insurance Company of New York State, issued to a Mr. Hancock two. policies of insurance upon his life, one dated,the. nth day of November, 1892, for three thousand dollars, and the other dated the 21st day of December of the same year, for the sum of two thousand dollars.

These policies were subsequently assigned, with the assent of the company, to Katherine Hohman, one of the appellees, in trust for certain purposes specifically set forth in the assignments. And subsequently, by a codicil dated the 6th of May, 1893, to his will, Hancock directs the entire proceeds of these two policies to be paid by his executors to Katherine Hohman. This will and codicil have been caveated by the testator’s sisters, who ²⁰⁴ claim under a will made by Hancock prior in date to the will bearing date on the 15th of January, 1892, and these issues are now pending for trial in one of the Courts of Baltimore City. And the bill further avers, that suits at law were begun on the 6th of September, 1893, by the appellee Hohman against the insurance company for the recovery of the money mentioned in said policies.

It then charges that the two policies ánd the assent of the company were obtained by fraud, and that the assignments were also fraudulently procured and are without consideration. And upon the facts as thus disclosed, relief by injunction was asked to restrain the actions at law, to decree a cancellation of the policies, and also, if they be valid and subsisting obligations, then to determine to whom the proceeds are payable. There was no testimony taken, but the case was submitted on the bill, the answer and certain exhibits. It is well settled by this Court,' and it has been held by the Supreme Court, “that whenever a Court of Law, competent to take cognizance of a right, has power to proceed to a judgment which affords a plain, adequate and complete remedy, without the aid of a Court of Equity, the plaintiff must in general proceed at law, because the defendant under such circumstances has a right