Doty v. Rensselaer County Mutual Fire Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Nellie C. Doty, from an order of the Supreme Court, made at the Ulster Special Term and entered in the office of the clerk of the county of Rensselaer on the 4th day of January, 1919, denying her motion for leave to serve an amended and supplemental complaint.
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Appeal by the plaintiff, Nellie C. Doty, from an order of the Supreme Court, made at the Ulster Special Term and entered in the office of the clerk of the county of Rensselaer on the 4th day of January, 1919, denying her motion for leave to serve an amended and supplemental complaint. By the pleading which the plaintiff seeks to serve it appears that she is the wife of the defendant Job Doty; that he abandoned her in the year 1906 and ever since has lived separate and apart from her; that after the abandonment he offered to provide a home for.her by giving her the use for life of certain…
1Opinion of the Court
Cochrane, J.:
The plaintiff improperly characterizes her proposed pleading as an amended and supplemental complaint. It alleges no material fact occurring since the commencement of the action. The fact that the insurance company has since the commencement of the action paid the policy to the defendant Doty may affect the relief which equity will grant, but equity shapes its relief according to the facts established at the trial, and such relief, so far as it depends on the payment of the policy to the defendant Doty, would not be affected by the presence or absence of that allegation in the…
2Cases cited4 opinions
- Woolley v. . StewartNew York Court of Appeals · 1918
- Freeman v. . FreemanNew York Court of Appeals · 1870
- Levy v. . BrushNew York Court of Appeals · 1871
- People v. BeguelinAppellate Division of the Supreme Court of the State of New York · 1918
3Cited by1 opinion
- Gedney v. DiorioAppellate Division of the Supreme Court of the State of New York · 1919