Phoenix Ins. Co. v. Carey

20 Citing cases

  1. Koizim v. Koizim

    181 Conn. 492 (Conn. 1980)   Cited 137 times
    Upholding property and alimony awards when assets distributed to plaintiff represented “52 percent of the total assets as calculated by the plaintiff and 46 percent of the total assets as calculated by the defendant,” and noting that “[c]alculated another way, the value of assets” would represent “39 percent of family wealth”

    The defendant's application, supported by and affidavit, alleged that the plaintiff had arranged to borrow $600,000 from the Beatrice Koizim Trust, assigning as collateral his interest in S K Associates. This action directly contravened the court's directive, set out in its memorandum of decision, that the plaintiff's interest in these assets not be encumbered or divested. Under these circumstances we cannot say that the court abused its discretion in issuing a temporary restraining order. See General Statutes 52-473; Phoenix Ins. Co. v. Carey, 80 Conn. 426, 431, 68 A. 993 (1908). With respect to the ex parte contact, which consisted of a telephone conversation in which permission was sought to submit an application for the restraining order discussed above, it was entirely proper.

  2. Western Md. Dairy v. Chenowith

    180 Md. 236 (Md. 1942)   Cited 56 times
    In Western Maryland Dairy v. Chenowith, 180 Md. 236, 23 A.2d 660, a covenant not to solicit or sell, to those customers of the Dairy whom he had served during the last six months of his employment, for six months after termination of employment, was sustained.

    Jacobs v. Jacobs, 170 Md. 405, 414, 185 A. 109. Hence, notwithstanding that the granting or withholding of an injunction rests largely in the sound discretion of the chancellor, and his decree will not be disturbed on appeal unless it clearly discloses an improvident exercise of judicial discretion, nevertheless his decree will be reversed by the Court of Appeals if it clearly appears that there has been an abuse of discretion showing a disregard of the facts or an obvious error in the application of the principles of equity. Phoenix Insurance Co. v. Carey, 80 Conn. 426, 68 A. 993; Smart v. Boston Wire Stitcher Co., 50 R.I. 409, 148 A. 803; Gemmell v. Fox, 241 Pa. 146, 88 A. 426; 28 Am. Jur., Injunctions, Secs. 35, 328. It is now too late to grant an injunction in this case but there are substantive rights to be determined. Before the temporary injunction was issued, the complainant was required to give a bond in the penalty of $1,000 to indemnify the defendants for any costs and damages occasioned by the issuance of the injunction in the event the injunction was rescinded. If we do not determine the primary right of the complainant to a writ of injunction, then the complainant will not have prosecuted the cause with effect, and the liability under the bond would become fixed for costs of suit as well as possible damages; whereas our determination now that the complainant was entitled to an injunction would discharge the bond.

  3. Loda v. H. K. Sargeant & Associates, Inc.

    188 Conn. 69 (Conn. 1982)   Cited 54 times

    It is well settled that this statute allows the court to award a stakeholder reasonable attorney's fees and expenses. Phoenix Ins. Co. v. Carey, 80 Conn. 426, 431, 68 A. 993 (1908). The trial court has a wide discretion in making its awards, subject to review only for an abuse of that discretion.

  4. Austin v. Texas-Ohio Gas Company

    218 F.2d 739 (5th Cir. 1955)   Cited 30 times

    Deposit of the money or property in controversy into court was a requirement in actions of interpleader also at common law. This requirement has been relaxed in many cases where no statute modifying the common law was involved, State of Texas v. State of Florida, 306 U.S. 398, 59 S.Ct. 563, 830, 83 L.Ed. 817, 121 A.L.R. 1179; Baldwin v. Constantine, 214 Ala. 446, 108 So. 345; Phoenix Ins. Co. v. Carey, 80 Conn. 426, 68 A. 993; Nash v. Smith, 6 Conn. 421; Webster v. McDaniel, 2 Del. Ch. 297; Smith v. Nicholson, 221 Mo.App. 428, 289 S.W. 349, certiorari quashed State ex rel. Bradley v. Trimble, 316 Mo. 97, 289 S.W. 922; C.F. Duke Storage Warehouse, Inc., v. Keller, 141 N.J. Eq. 43, 55 A.2d 901; see note approving Duke case, 1 Vanderbilt L.Rev. 459, and in other jurisdictions by rule or statute (e.g., Penna. Rule Civ. Proc. 2303(a)(3), Penna.Stat.Ann.

  5. Brown v. Cray

    89 A. 1123 (Conn. 1914)   Cited 26 times

    We hold, upon appeal, that the memorandum of decision may be resorted to by this court for the purpose of ascertaining the rulings of the trial court upon questions of law, and for interpreting the findings of the judgment-file, or those made for the purposes of the judgment. Rogers v. Hendrick, 85 Conn. 260, 267, 82 A. 586; Phoenix Ins. Co. v. Carey, 80 Conn. 426, 433, 68 A. 993; Cummings v. Hartford, 70 Conn. 115, 124, 38 A. 916; Styles v. Tyler, 64 Conn. 432, 439, 30 A. 165. Our rules require the memorandum of decision to be printed in all cases. Practice Book (1908) p. 275, § 23.

  6. Vitale v. Gargiulo

    131 A.2d 830 (Conn. 1957)   Cited 23 times

    The construction which we place upon the finding is fortified by the memorandum of decision, which may be consulted in the interpretation of ambiguous or equivocal language in a finding. Maltbie, Conn. App. Proc. (2d Ed.) 152;. Phoenix Ins. Co. v. Carey, 80 Conn. 426, 433, 68 A. 993; Rowell v. Stamford Street Ry. Co., 64 Conn. 376, 380, 30 A. 131. In its memorandum, the court stated that "the plaintiff acting by . . . her agent, rescinded the sale and notified the defendants within a reasonable time and offered to return the truck.

  7. In re Application of Title Guaranty Co.

    145 A. 151 (Conn. 1929)   Cited 22 times

    Again in Waterbury Lumber Coal Co. v. Hinckley, 75 Conn. 187, 190, 52 A. 739, it is said: "The record of the court in which the judgment was rendered . . . was the only proper evidence . . . that such record was lost or destroyed." See also Phoenix Ins. Co. v. Carey, 80 Conn. 426, 433, 68 A. 993. "It is in the judgment-file one must look to ascertain the facts upon which the judgment rests."

  8. Brown et al. v. Marsh

    123 So. 762 (Fla. 1929)   Cited 21 times

    Such fee to eventually fall on the defendant who was in the wrong and made the litigation necessary. Mutual Life Ins. Co. of New York v. Farmers and Mechanics National Bank of Cad'z., Ohio, 173 Fed.R. 390; Pettus v. Hendricks, 113 Va. 326, 74 So. E. R. 191; Phoenix Ins. Co. v. Carey, 80 Conn. 426, 68 Atl. R. 993; Eves v. Sovereign Camp, W. O. W., 153 Mo. App. 347, 133 So. W. R. 657; Wright v. Grand Lodge K. P. (Tex.Civ.App.) 173 So. W. R. 270; Trustees of Internal Improvement Fund v. Greenough, 105 U.S. 527, 26 L.Ed. 1157; Morse v. Stearns, 131 Mass. 389; Grooms v. Mullett, 133 Mo. App. 477, 113 So. W. R. 683; Daniel v. Fain, 5 Lea (Tenn.) 258; 33 C. J. 470 and cases cited.

  9. Rogers v. Hendrick

    82 A. 586 (Conn. 1912)   Cited 13 times

    If it had so found, such a finding would have been outside of the issues framed. But while a mere memorandum of decision may, under certain limitations and to aid an appeal, be resorted to as indicating a conclusion of law controlling the decision ( Cummings v. Hartford, 70 Conn. 115, 124, 38 A. 916; Phoenix Ins. Co. v. Carey, 80 Conn. 426, 433, 69 A. 993), it cannot, unless made a part of the record, be treated as a finding of facts. Phoenix Ins. Co. v. Carey, supra. In the absence of any finding of facts, we can look only to the judgment-file to determine what issues the Superior Court says it decided, and we must look to the issues themselves to determine whether such finding supports the judgment rendered.

  10. Podzunas v. Prudential Ins. Co.

    125 Conn. 581 (Conn. 1939)   Cited 12 times
    In Podzunas v. Prudential Ins. Co., 125 Conn. 581, 586, 7 A.2d 657, which dealt with the analogous question of assignments, we recognized that there might exist equitable considerations of a character such that they, rather than technical legal principles, should prevail.

    The evidence is not printed and we cannot say from the finding that that discretion was abused. Phoenix Ins. Co. v. Carey, 80 Conn. 426, 431, 68 A. 993. Interest, in a case of this kind, is allowed on the theory that money has been wrongfully retained. The named defendant was directed to "hold said money, subject to the further and final order of this court" and cannot be said to have retained it wrongfully.