Guardian Life Ins. Co. Of America v. Peoples Life Ins. Co. Of South Carolina

Fourth Circuit

Guardian Life Ins. Co. Of America v. Peoples Life Ins. Co. Of South Carolina

207 F.2d 411, 99 U.S.P.Q. (BNA) 185, 1953 U.S. App. LEXIS 4379

CourtCourt of Appeals for the Fourth Circuit

DecidedOctober 14, 1953

Docket6615_1

StatusPublished

This text of 207 F.2d 411 (Guardian Life Ins. Co. Of America v. Peoples Life Ins. Co. Of South Carolina) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Guardian Life Ins. Co. Of America v. Peoples Life Ins. Co. Of South Carolina, 207 F.2d 411, 99 U.S.P.Q. (BNA) 185, 1953 U.S. App. LEXIS 4379 (4th Cir. 1953).

Pincite

Opinion

PER CURIAM.

This is an appeal from a judgment for plaintiff on a contract under which the defendant Guardian Life Insurance Company promised to pay plaintiff $5,000 if plaintiff would remove the word “Guardian” from its corporate name. This was done by plaintiff and defendant refused to make payment on the ground that plaintiff had sold out its business and transferred its assets to another company before having the change of name made. We think that this defense is entirely lacking in merit. Defendant contends, also, that plaintiff had no right to recover on the cause of action because it had been transferred along with other assets to the purchaser of the business. It is a sufficient answer to this that the purchaser was made a party to the action *412 and filed answer denying that it claimed any interest in the cause of action involved. If there was any transfer of the cause of action sued on, which is doubtful, the effect of the answer filed by the purchaser was to revest in plaintiff all rights with respect thereto. There was no error and the judgment appealed from will be affirmed.

Affirmed.

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PER CURIAM.

This is an appeal from a judgment for plaintiff on a contract under which the defendant Guardian Life Insurance Company promised to pay plaintiff $5,000 if plaintiff would remove the word “Guardian” from its corporate name. This was done by plaintiff and defendant refused to make payment on the ground that plaintiff had sold out its business and transferred its assets to another company before having the change of name made. We think that this defense is entirely lacking in merit. Defendant contends, also, that plaintiff had no right to recover on the cause of action because it had been transferred along with other assets to the purchaser of the business. It is a sufficient answer to this that the purchaser was made a party to the action *412 and filed answer denying that it claimed any interest in the cause of action involved. If there was any transfer of the cause of action sued on, which is doubtful, the effect of the answer filed by the purchaser was to revest in plaintiff all rights with respect thereto. There was no error and the judgment appealed from will be affirmed.

Affirmed.

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Bluebook (online)

207 F.2d 411, 99 U.S.P.Q. (BNA) 185, 1953 U.S. App. LEXIS 4379, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guardian-life-ins-co-of-america-v-peoples-life-ins-co-of-south-ca4-1953.