Morgan v. Mutual Benefit Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Mutual Beneiit Life Insurance Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Erie on the 16th day of September, 1908, upon the decision of the court rendered after a trial at the Erie Special Term, with notice of an intention to bring up for review upon such appeal two orders made on the 13th day of November, 1905, and the 4th day of June, 1906, respectively, directing…
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Appeal by the defendant, The Mutual Beneiit Life Insurance Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Erie on the 16th day of September, 1908, upon the decision of the court rendered after a trial at the Erie Special Term, with notice of an intention to bring up for review upon such appeal two orders made on the 13th day of November, 1905, and the 4th day of June, 1906, respectively, directing service of the summons by publication upon the defendants other than the defendant insurance company. The controversy…
1Opinion of the Court
Kruse, J.:
The defendant insurance company again challenges the validity of the order directing the. service of • the summons1 by publication *457upon the non-resident defendants, but that question was settled adversely to it upon the appeal from the order denying the motion to vacate the same. (Morgan v. Mutual Benefit Life Ins. Co., 119 App. Div. 645; affd., 189 N. Y. 447.)
The plaintiffs contend that the defendant is likewise concluded upon the merits by that decision, since the effect of upholding the order of publication is that the complaint upon which the order is -founded states a good…
2Cases cited4 opinions
- Connecticut Mutual Life Insurance v. BurroughsSupreme Court of Connecticut · 1867
- Morgan v. . Mutual Benefit Life Ins. Co.New York Court of Appeals · 1907
- Stockwell v. Mutual Life InsuranceCalifornia Supreme Court · 1903
- Morgan v. Mutual Benefit Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by12 opinions
- Nolan v. Prudential InsuranceAppellate Division of the Supreme Court of the State of New York · 1910
- Wentworth v. Equitable Life Assur. Soc.Utah Supreme Court · 1925
- In re the Estate of O'NeillNew York Surrogate's Court · 1932
- Keel v. VinyardIdaho Supreme Court · 1929
- Gifford v. GiffordNew Jersey Court of Chancery · 1921
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