McNaught v. Equitable Life Assurance Society of United States
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Equitable Life Assurance Society of the United States, from an interlocutory judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Westchester on the 13th day of September, 1909, upon the decision of the court, rendered after a trial at the Westchester Special Term, overruling the defendant’s demurrer to the amended complaint.
1Opinion of the Court
Carr, J.:
This is an appeal from an interlocutory judgment overruling a demurrer to the plaintiffs’ complaint. The demurrer was based upon the ground that on the face thereof the complaint did not state facts sufficient to constitute a cause of action. The cause of action attempted, to be stated in the complaint is in equity for a rescission of a policy of life insurance on the ground that the plaintiffs were induced to enter into the contract by certain false and fraudulent representations made by the defendant, knowingly, with the intent to deceive the plaintiffs, and relied .upon by the…
2Cases cited7 opinions
- Gould v. . Cayuga County National BankNew York Court of Appeals · 1881
- Baird v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Cobb v. . HatfieldNew York Court of Appeals · 1871
- Barr v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1891
- Brown v. NormanMississippi Supreme Court · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Merry Realty Co. v. Shamokin & Hollis Real Estate Co.New York Court of Appeals · 1921
- Federal Insurance v. KozlowskiAppellate Division of the Supreme Court of the State of New York · 2005
- Gannett Co., Inc. v. Register Pub. Co.District Court, D. Connecticut · 1977
- Leav v. WeitznerAppellate Division of the Supreme Court of the State of New York · 1944
- Slater v. SlaterAppellate Division of the Supreme Court of the State of New York · 1924
14 more not listed; retrieve them via the Exa API.