Eagle Waist Co. v. Ocean Accident & Guarantee Corp.
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by the Eagle Waist Company against the Ocean Accident & Guarantee Corporation, Limited. From an order of the New York City Court, denying defendant’s motion to compel plaintiff to reply to the first and! second defenses of defendant’s answer, it appeals.
1Opinion of the CourtSeabury, J.
Plaintiff sues to recover upon a policy of burglary insurance. The answer is in effect a general denial, and as a first defense alleges that the plaintiff failed to keep books and accounts as required by the terms and conditions of the policy, and as a second defense that the policy was avoided by the fraud of the plaintiff in exaggerating his claim by false statements. The defendant moved in the court below to compel the plaintiff to reply to the first and second defenses. This motion was denied, and from the order entered thereon the defendant appeals to this court.
The complaint alleged…
2Cases cited1 opinion
- Shaff v. United Surety Co.Appellate Division of the Supreme Court of the State of New York · 1911
3Cited by1 opinion
- Spingarn v. National Surety Co.Appellate Terms of the Supreme Court of New York · 1912