Swan v. Mutual Reserve Fund Life Ass'n
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Mutual Reserve Fund Life Association, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oneida on the 10th day <5f September, 1896, upon the decision of the court, rendered after a trial at the Oneida Special Term, overruling the defendant’s demurrer to the plaintiff’s- complaint, and also from the order directing the entry of such judgment entered in said clerk’s office…
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Appeal by the defendant, Mutual Reserve Fund Life Association, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oneida on the 10th day <5f September, 1896, upon the decision of the court, rendered after a trial at the Oneida Special Term, overruling the defendant’s demurrer to the plaintiff’s- complaint, and also from the order directing the entry of such judgment entered in said clerk’s office on the same day.
1Opinion of the Court
Adams, J.:
The plaintiff, in his complaint, alleges that the action is brought on his own behalf, as well as on behalf of all other persons holding policies of insurance in the company of the defendant who may desire to join in the prosecution.
This complaint was demurred to by the defendant upon the following grounds, viz.:
“ (1) That the said complaint does not state facts sufficient to con- ■ stitute a cause of action.
“ (2) That it appears upon the face of the complaint that the plaintiff has not legal capacity to sue, in that the action is not brought by the Attorney-General of the State of…
2Cases cited11 opinions
- Sage v. . CulverNew York Court of Appeals · 1895
- People v. . BallardNew York Court of Appeals · 1892
- Uhlman v. . New York Life Ins. Co.New York Court of Appeals · 1888
- O'Brien v. . FitzgeraldNew York Court of Appeals · 1894
- Cohen v. . N.Y. Mutual Life Insurance Co.New York Court of Appeals · 1872
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Buckley v. StansfieldAppellate Division of the Supreme Court of the State of New York · 1913
- Persons v. GardnerAppellate Division of the Supreme Court of the State of New York · 1899
- Steele v. IsmanAppellate Division of the Supreme Court of the State of New York · 1914
- Island Paper Co. v. Carthage Timber Corp.New York Supreme Court · 1926
- Brown v. Equitable Life Assur. Soc.U.S. Circuit Court for the District of Southern New York · 1906
1 more not listed; retrieve them via the Exa API.