William Strong

“ Barry is the owner of the new policies, subject only to Brune's right (whatever it may be) to hold them as a collateral security.
The case in the New York Supreme Court, therefore, involved the same controversy as that exhibited in the two Maryland suits; and the complainant here and Whitridge are parties in each. Alike in the bill and in the action at law, it is a vital question whether the insurers are liable for the sums insured by the policies of January, 1872, and whether they are liable to Whitridge as assignee of Brune. ”

“ If, then, a bill in equity pending in a foreign jurisdiction has no effect upon an action at law for the same cause in a domestic forum, even when pleaded in abatement; if, still more, it has no effect when pleaded to another bill in equity, as the authorities show,-it is impossible to see how it can be a basis for an injunction against prosecuting a suit at law. ”

“ Barry, Mr. Barry, and Mr. Brune, for the assignment or transfer of the policies to the latter, and that in pursuance of the agreement, and in accordance with a mode of proceeding before used by the complainant in cases of insurance on the lives of married women, the policies were permitted, with the consent of all parties interested, except the complainant, to lapse,-that is to say, to become forfeited,-with the intent, however, to have the same renewed or reissued in Brune's name. ”