Swan v. . Mutual Reserve Fund Life Assn.
New York Court of Appeals
Appeal, "by certification, from an interlocutory judgment and order of the Appellate Division of the Supreme Court in the fourth judicial department, entered respectively August 30 and August 12, 1897, reversing an interlocutory judgment of Special Term overruling a demurrer to plaintiff’s complaint, and sustaining the demurrer.
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Appeal, "by certification, from an interlocutory judgment and order of the Appellate Division of the Supreme Court in the fourth judicial department, entered respectively August 30 and August 12, 1897, reversing an interlocutory judgment of Special Term overruling a demurrer to plaintiff’s complaint, and sustaining the demurrer. This was an action brought by the plaintiff, in behalf of himself and all otlier-s similarly situated, to enforce the provisions of a policy of assessment life insurance. The questions certified and the facts, so far as material, are stated in the opinion. The facts…
1Opinion of the CourtGray, J.
Certain questions have been certified to this court by the Appellate Division of the Supreme Oourt, in the fourth department; which have arisen upon the defendant’s demurrer to the complaint, in an action brought by him as the holder of a policy of insurance, in behalf of himself and of all other policyholders. The grounds of the demurrer are, first, insufficiency to constitute a cause of action; second, the want of legal capacity in the plaintiff to sue, in that the action is not brought by the attorney-general, nor by a judgment creditor and, third, a defect of parties defendant, in that…
2Cases cited2 opinions
- Uhlman v. . New York Life Ins. Co.New York Court of Appeals · 1888
- People v. . LoweNew York Court of Appeals · 1889
3Cited by32 opinions
- Greeff v. Equitable Life Assurance Society of United StatesNew York Court of Appeals · 1899
- Winger v. Chicago City Bank & Trust Co.Illinois Supreme Court · 1946
- Kavanaugh v. Underwriters Life Ins. Co.Court of Appeals of Texas · 1950
- Lowery v. State Life InsuranceIndiana Supreme Court · 1899
- State v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1908
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