Douglas v. Phoenix Ins.
New York Supreme Court
Appeal from special term, Franklin county. Action by Hiram A. Douglas against the Phcenix Insurance Company of Brooklyn to recover the amount claimed to be due the plaintiff on a fire insurance policy issued by the defendant.
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Appeal from special term, Franklin county. Action by Hiram A. Douglas against the Phcenix Insurance Company of Brooklyn to recover the amount claimed to be due the plaintiff on a fire insurance policy issued by the defendant. The complaint was in the ordinary form in such actions, and also contained an allegation that the defendant was a domestic corporation, organized under the laws of the state of New York, and that the plaintiff, at the time of the issuing of the policy, was a resident of the state of New York, and the holder and owner of the policy. The answer, after admitting many of the…
1Opinion of the CourtMayham, P. J.
By the demurrer the plaintiff admits all the allegations of fact, if any, in the answer demurred to; and the first question to be examined on this appeal seems to be whether that part of the answer interposed as an affirmative defense was sufficient upon its face to show that the attachment alleged to have been issued in Massachusetts in favor of creditors of the plaintiff residing "there was a valid and effectual lien on the debt due the plaintiff from the defendant on this insurance policy, so that, if the defendant should pay the plaintiff, it would still be liable to the attaching…
2Cases cited8 opinions
- Stuart v. . PalmerNew York Court of Appeals · 1878
- Williams v. . IngersollNew York Court of Appeals · 1882
- Plimpton v. . BigelowNew York Court of Appeals · 1883
- Bogardus v. . New York Life Ins. Co.New York Court of Appeals · 1886
- Embree & Collins v. HannaNew York Supreme Court · 1809
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Frank v. MandelAppellate Division of the Supreme Court of the State of New York · 1902
- Sargent v. Sargent Granite Co.New York Court of Common Pleas · 1893
- Baumgold Bros. v. Schwarzschild Bros.Appellate Division of the Supreme Court of the State of New York · 1949
- Everett v. Connecticut Mutual Life InsuranceColorado Court of Appeals · 1894
- Everett v. Connecticut Mutual Life InsuranceColorado Court of Appeals · 1894
1 more not listed; retrieve them via the Exa API.