Bradley v. Ӕtna Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, /Etna Life Insurance Company of Hartford, Conn., from an order of the Supreme Court, made at the Rensselaer Special Term and entered in the office of the clerk of the county of Albany on the 17th day of November, 1917, overruling its demurrer to the complaint, and also from the judgment entered thereon in said clerk’s office on the 20th day of December, 1917.
1Opinion of the Court
Woodward, J.:
The difficulty we find in this case is the application of the very good law cited by the appellant to the particular facts of this case. The complaint alleges the corporate capacity of the defendant, and that “ on or about the 19th day of August, 1916, the defendant entered into a contract with one Hugh Taylor, deceased, the brother of the plaintiff, and late of the city of Albany,” by the terms of which the defendant undertook to pay the sum of $1,000 upon proper proofs of death of the said Hugh Taylor, “ which contract is hereby referred to and reference is made to .the same…
2Cases cited1 opinion
- Tillman v. John Hancock Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1898