Legal Opinion

American Lucol Co. v. Blanchard

New York Supreme Court

Decided February 15, 1899Published

Actions upon fire insurance policies.

1Opinion of the CourtBookstaver, J.

Two defenses are set up: (1) That the action was not brought against the attorneys in fact, as required by the terms of the respective policies. (2) That causes of action have been improperly joined. As to the latter defense, it is enough to *316say that it was waived by failing to demur to the complaint. The defendants contend that the defect did not appear upon the face of the complaint; that, so far as appeared, the liability of the various defendants was for the entire amount. The complaint does not warrant such a construction. It avers that the defendants “ severally agreed to pay,…

2Cases cited3 opinions

  1. Isear v. DaynesAppellate Division of the Supreme Court of the State of New York · 1896
  2. Straus v. HoadleyAppellate Division of the Supreme Court of the State of New York · 1897
  3. Wheelock v. ChapmanAppellate Division of the Supreme Court of the State of New York · 1898

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