Dudley v. Broadway Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Breadway Insurance Company of the City of New York, from an order of the Supreme Court, made at the Erie Trial Term and- entered in the office of the clerk of the county of Erie on the 17th day of February, 1899, denying the. defendant’s motion to amend its answer, and also from an order made at the Erie Special Term and entered in said clerk’s office on the 5th day of May, 1899, denying the defendant’s motion to open its default.
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Appeal by the defendant, The Breadway Insurance Company of the City of New York, from an order of the Supreme Court, made at the Erie Trial Term and- entered in the office of the clerk of the county of Erie on the 17th day of February, 1899, denying the. defendant’s motion to amend its answer, and also from an order made at the Erie Special Term and entered in said clerk’s office on the 5th day of May, 1899, denying the defendant’s motion to open its default. This is one of several actions brought upon policies of fire insurance issued by various companies and Lloyds associations, insuring…
1Opinion of the Court
. Adams, J.:
The voluminous records filed .in this court and the elaborate briefs submitted by counsel would seem to indicate that the questions which they present for our consideration are exceedingly complex in their nature. Important, and vastly important, to both parties. these, questions doubtless are; but upon, a careful perusal of the various affidavits and of the exhibits therein referred to, that which before appeared involved and intricate becomes exceedingly simple and virtually resolves itself into this single inquiry: Did the trial court, in denying the defendant’s motion for…
2Cases cited6 opinions
- Lanpher v. . ClarkNew York Court of Appeals · 1896
- Paddack v. BarnettNew York Supreme Court · 1895
- Campbell v. CampbellNew York Supreme Court · 1889
- Sayre v. FrazerNew York Supreme Court · 1866
- Lanphere v. ClarkNew York Supreme Court · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Babbitt v. GibbsAppellate Division of the Supreme Court of the State of New York · 1900