Florida District Courts of Appeal, 1960

Walsh v. Lake

Walsh v. Lake
Florida District Courts of Appeal · Decided June 6, 1960 · Carroll, Chas, Horton, Pearson
121 So. 2d 52; 1960 Fla. App. LEXIS 2582 (Southern Reporter, Second Series)

Walsh v. Lake

Opinion of the Court

PER CURIAM.

Affirmed.

HORTON, C. J., and CARROLL, CHAS., J., concur. PEARSON, J., dissents.

Dissenting Opinion

PEARSON, Judge

(dissenting)'.

This is an appeal from a summary final decree for the plaintiff in a suit to impress a- lien upon certain funds payable from a bankrupt insurance carrier to a trustee for a bankrupt corporation and an employee of that corporation. It is my view that in equity the funds were not the property of the bankrupt employer but belonged in good conscience to the injured workman because they were paid for the latter’s use and benefit. Therefore, the bankrupt employer could not contract to give any of the proceeds to a third party, since the former had no legal or equitable interest in the funds.

I would reverse.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.