O'Rourke v. Patterson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Annie Patterson, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 3d day of March, 1913, denying the said defendant’s motion for judgment on the pleadings.
1Opinion of the Court
Stapleton, J.:
The appeal is from an order denying the motion of the defendant Patterson for judgment on the pleadings after the joinder of issue. The action is brought to recover the amount of two insurance policies. It was originally instituted against a life insurance company. The defendant Patterson appears to have been substituted in the place of the original defendant. The pleadings upon which the present motion is made are a complaint, an answer and a reply.
The complaint is lean; it does not set out the contract, and simply alleges the incorporation of the original defendant, the…
2Cases cited13 opinions
- Central Bank of Washington v. HumeSupreme Court of the United States · 1888
- Eadie v. . SlimmonNew York Court of Appeals · 1862
- In Re the Final Judicial Settlement of the Accounts of WellsNew York Court of Appeals · 1889
- Barry v. . Equitable Life Assurance SocietyNew York Court of Appeals · 1875
- Crane v. . McDonaldNew York Court of Appeals · 1890
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3Cited by1 opinion
- Field v. Empire Case Goods Co.Appellate Division of the Supreme Court of the State of New York · 1917