American Equitable Assurance Co. v. Newman

MR. JUSTICE ANGSTMAN:

Defendant Fidelity-Phenix Insurance Company, hereinafter called Fidelity Company, has appealed from a judgment and from two special orders entered after judgment. One order overruled a motion to vacate the judgment, and the other denied a motion excepting to certain findings. No useful purpose would be served in considering the propriety of the orders appealed from in the view which we take on the appeal from the judgment.

The controversy arises out of the following facts:

On April 3, 1949, defendants, Jay D. Yan Houten and Helen L. Yan Houten, husband and wife, entered…