Legal Opinion · Dissent

Harris v. Mutual Life Insurance

New York Supreme Court

Decided March 13, 1891Published

Appeal from special term, New York county. Action byFranzisea Harris against the Mutual Life Insurance Company of New York and others. Defendant company appeals from order denying motion to vacate order allowing plaintiff to maintain the action as a poor person.

1Dissent

Daniels, J.,

(dissenting.) The petition presented by the plaintiff for leave to prosecute this action as a poor person contained all that has been required for that purpose by section 459 of the Code of Civil Procedure. But it appeared that she was a resident of the city of Chicago, in the state of Illinois, and for that reason it has been urged that she was not within this privilege, as it has been created by the statute. But the section preceding the one just referred to has been made so broad as to include any poor person, and no language has been employed which by any fair implication can…

2Cases cited2 opinions

  1. Frank v. . Mut. L. Ins. Co. of New YorkNew York Court of Appeals · 1886
  2. Porter v. . JonesSupreme Court of North Carolina · 1873

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