Dwight v. . Germania Life Insurance Co.
New York Court of Appeals
These were appeals from orders of the General Term of the Supreme Court, in the third judicial department, made May 4, 1880, modifying and affirming as modified orders of the Special Term, in each of the causes above entitled, which required the defendant to furnish a bill of particulars. (Reported below, 22 Hun, 167.) Each action was brought upon a policy of insurance issued by the defendant upon the life of Walton Dwight, plaintiff’s intestate.
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These were appeals from orders of the General Term of the Supreme Court, in the third judicial department, made May 4, 1880, modifying and affirming as modified orders of the Special Term, in each of the causes above entitled, which required the defendant to furnish a bill of particulars. (Reported below, 22 Hun, 167.) Each action was brought upon a policy of insurance issued by the defendant upon the life of Walton Dwight, plaintiff’s intestate. In the cause first above entitled the answer set up among other things breaches of warranty as follows : That the application for the policy…
1Opinion of the Court
Folger, Ch. J.
These appeals, from orders directing the defendants to furnish bills of particulars of the matters alleged as defenses, bring up two questions. First. Is there power in the Supreme Court to grant such an order in such a case, and is such an order, therefore, discretionary with that comt, and prima facie not reviewable here? Second. If that question be answered in the affirmative, are these orders an abuse of the discretion of the court, so as to make them the subject of review by this court ?
First. Unless changed by statute law, the power of the Supreme Court to order bills of…
2Cases cited3 opinions
- Tilton v. . BeecherNew York Court of Appeals · 1874
- Sargent v.New York Supreme Court · 1825
- Fleurot v. DurandNew York Supreme Court · 1817
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- Taylor v. Security Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1902
- Cunard v. . FrancklynNew York Court of Appeals · 1888
- Havholm v. Whale Creek Iron WorksAppellate Division of the Supreme Court of the State of New York · 1913
- Turner v. Great Northern Railway Co.Washington Supreme Court · 1896
- Witkowski v. . ParamoreNew York Court of Appeals · 1883
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