Johnston v. Mutual Reserve Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Mutual Reserve Life Insurance Company, in each of the above-entitled actions, from an order of the Appellate Term of the Supreme Court, entered in the office of, the clerk of the county of New York on the 18th day of November, 1904, affirming a judgment of the City Court of the city of New York in favor of the plaintiff entered in the office of the clerk of said court on the 25th day of February, 1904, and also affirming an order of said City…
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Appeal by the defendant, the Mutual Reserve Life Insurance Company, in each of the above-entitled actions, from an order of the Appellate Term of the Supreme Court, entered in the office of, the clerk of the county of New York on the 18th day of November, 1904, affirming a judgment of the City Court of the city of New York in favor of the plaintiff entered in the office of the clerk of said court on the 25th day of February, 1904, and also affirming an order of said City Court entered in said clerk’s office on the 1st day of February, 1904, granting the plaintiff an extra allowance.
1Opinion of the Court
Laughlin, J.:
These, like the other Johnston cases (Johnston v. Mutual Life Ins. Co., Nos. 1-6, 8, 9, 11, 104 App. Div. 544) and the cases of Lambert v. Mutual Life Ins. Co., Nos. 1-3, 5-9 (104 id. 559), are actions for breaches of insurance contracts based on assigned judgments recovered in the Superior Court of North Carolina, but in these eases there was no motion to set aside the service and no special or general appearance ; in No. 7 there were no findings. The judgment was entered by default without proof of service, so far as appears by the judgment roll, other than on the Insurance…
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