Dwight v. Germania Insurance
New York Supreme Court
Appeal from an order made at Special Term, requiring the defendant to file a bill of particulars. Tbe action was brought by the plaintiffs as executors of tbe last will and testament of Walton Dwight, deceased, upon a policy off insurance for $15,000, obtained by the testator from the defendant. The defense was that certain of the answers made by the testator-to the-questions contained in his application were false and untrue, and that the policy was thereby avoided.
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Appeal from an order made at Special Term, requiring the defendant to file a bill of particulars. Tbe action was brought by the plaintiffs as executors of tbe last will and testament of Walton Dwight, deceased, upon a policy off insurance for $15,000, obtained by the testator from the defendant. The defense was that certain of the answers made by the testator-to the-questions contained in his application were false and untrue, and that the policy was thereby avoided. By tlie answer tbe defendant denied, among other tilings: “ That tbe said Walton Dwiglit duly performed or complied with, all…
1Opinion of the Court
Learned, P. J.:
No question is made on this appeal as to the form of the order; or as to its details.
After the elaborate discussion of the subject in Tilton v. Beecher (59 N. Y., 176), it must be considered as settled, that the court has the power, in cases of this nature, to order a bill of particulars. But it is urged by the defendants that the defense, of which particulars are ordered, is not a “ claim,” within the meaning of section 531 of the New Code. Without discussing the exact meaning of that word, we think that the plain scope of the opinion in the case above cited, includes a…
2Cases cited2 opinions
- Tilton v. . BeecherNew York Court of Appeals · 1874
- Orvis v. JenningsNew York Court of Common Pleas · 1876