Mauthey v. Wyoming County Co-Operative Fire Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Wyoming County Co-operative Fire Insurance Company, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 2d day of July, 1902, denying the defendant’s motion to vacate and set aside an order previously granted in the action directing the secretary of the defendant to appear .before a referee named in said order for examination and to produce the books of the…
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Appeal by the defendant, the Wyoming County Co-operative Fire Insurance Company, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 2d day of July, 1902, denying the defendant’s motion to vacate and set aside an order previously granted in the action directing the secretary of the defendant to appear .before a referee named in said order for examination and to produce the books of the defendant.
1Opinion of the Court
Spring, J.:
This action was commenced by the service of the summons, and, from the affidavits upon which the original order was granted, it appears that it was commenced to recover upon an insurance policy which it is claimed was issued by the defendant to one Barth Mauthey in the sum of $600. Mauthey died leaving a last will and testament devising the property, upon which the dwelling claimed to be insured was situate, to the plaintiff in this action, and the house was destroyed by fire. Plaintiff did not know that any policy was •ever issued, but was so advised, and, upon application to the…
2Cases cited3 opinions
- McGuffin v. DinsmoreThe Superior Court of New York City · 1878
- Bloodgood v. SlaybackAppellate Division of the Supreme Court of the State of New York · 1901
- Duffy v. Consolidated Gas Co.Appellate Division of the Supreme Court of the State of New York · 1901
3Cited by4 opinions
- Fey v. WisserAppellate Division of the Supreme Court of the State of New York · 1923
- Western Elevating Ass'n v. ChapmanAppellate Division of the Supreme Court of the State of New York · 1933
- In re ThompsonAppellate Division of the Supreme Court of the State of New York · 1904
- Hart v. American Cotton Co.New York Supreme Court · 1903