Beha v. Weinstock

Defendant moves for judgment on the pleadings under rule 112 of the Rules of Civil Practice and the issue is reduced to a determination of the sufficiency of the complaint.

The action is brought to recover the amount of an assessment under a liability policy issued by the National Automobile Mutual Casualty Company of which the plaintiff has become the liquidator.

The complaint alleges that said company on or about the 17th day of April, 1922, duly issued and delivered to the defendant its policy contract of insurance No. 40122, to which contract reference is made in the complaint; that the…