Legal Opinion

Troy Automobile Exchange v. Home Insurance

New York Supreme Court

Decided January 15, 1918PublishedCited by 2 opinions

Demurrer to separate defenses alleged in amended answer.

1Opinion of the CourtChester, J.

The plaintiff demurs to three separate defenses alleged in the amended answer on the ground *333that they are insufficient in law upon the face thereof and also to what the plaintiff terms a counterclaim in such answer on the ground that it does not state facts sufficient to constitute a cause of action. The so-called counterclaim is included in one of the alleged defenses above mentioned. The defendant on the argument challenges the amended complaint as insufficient.

The action has been once tried and resulted in a verdict for the plaintiff. The judgment entered upon the verdict was affirmed in…

2Cases cited6 opinions

  1. Staten Island Midland Railroad v. HinchliffeNew York Court of Appeals · 1902
  2. Benedict v. SeymourNew York Supreme Court · 1852
  3. Kager v. BrennemanAppellate Division of the Supreme Court of the State of New York · 1898
  4. Schultz v. Greenwood CemeteryNew York Supreme Court · 1905
  5. Troy Automobile Exchange v. . Home Ins. Co.New York Court of Appeals · 1917

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Richardson v. American Nat. Ins. Co.Louisiana Court of Appeal · 1931
  2. Dean v. Union National Fire Insurance CompanyLouisiana Court of Appeal · 1974

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