United States-Life Insurance v. Gage
New York Supreme Court
At chambers. Action by the United States Life Insurance Company against George W. Poillon and others, heirs at law of Cornelius Poillon, deceased, and Wellesley W. Gage and others, creditors.
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At chambers. Action by the United States Life Insurance Company against George W. Poillon and others, heirs at law of Cornelius Poillon, deceased, and Wellesley W. Gage and others, creditors. The complaint alleged that Cornelius Poillon died intestate, leaving insufficient personalty to pay his debts; that plaintiff had a demand against him, consisting of a judgment for deficiency on foreclosure proceedings; that his heirs obtained a partition sale of his realty; that some of the purchasers refused to take title, unless a part of the proceeds sufficient to pay decedent’s debts should be…
1Opinion of the CourtO’Brien, J.
Mr. Justice Barrett, who had the question here presented before him in another form, is of the opinion, in which I concur, that this motion should be denied, without prejudice to the defendant’s right to raise the question by answer in the nature of a supplement. The question now presented is whether leave to sue was ever necessary. This is a serious question, and should be left to the trial, where a ruling can be had upon which a review upon the merits may be obtained. The' cases where the courts have dismissed suits on motion were such as depended upon judicial action, like the taking of…
2Cases cited2 opinions
- Schultz v. MeadNew York Supreme Court · 1890
- Mead v. SpinkNew York Supreme Court · 1888
3Cited by1 opinion
- Ferris v. TannebaumNew York Court of Common Pleas · 1891