Prichard v. Security Mutual Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal from an interlocutory judgment of the Supreme Court, entered in the Ontario county clerk’s office September 39, 1909. Interlocutory judgment affirmed, with costs, upon the opinion of Clarke, J., delivered at Special Term, with leave to the defendant to plead over within twenty days upon payment of the costs of the demurrer and of this appeal. All concurred. The following is the opinion delivered at Special Term:
1Opinion of the Court
Clarke, J.:
The plaintiff brings this action in equity, and prays that a policy of insurance which had been issued to the plaintiff by the defendant . in 1887, and which the defendant had declared forfeited, be adjudged to be in full force and effect and a valid and binding contract upon the defendant. Defendant demurs to the complaint upon the following grounds: First. That it appears upon the face of the complaint that it does not state facts sufficient to constitute a cause of action. Second. Upon the ground that it appears that there is a defect of parties plaintiff in that the beneficiary…
2Cases cited7 opinions
- Sage v. . CulverNew York Court of Appeals · 1895
- Bogardus v. . New York Life Ins. Co.New York Court of Appeals · 1886
- Shipman v. . Protected Home CircleNew York Court of Appeals · 1903
- Murray v. . New York Life Insurance Co.New York Court of Appeals · 1881
- Todd v. Union Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1902
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3Cited by2 opinions
- Viles v. Prudential Ins. Co. of AmericaCourt of Appeals for the Tenth Circuit · 1941
- Manhattan Fire & Marine Insurance v. Paul Tishman Co.New York Supreme Court · 1953