Legal Opinion

McDonald v. Taylor & Co.

Appellate Division of the Supreme Court of the State of New York

Decided April 21, 1911PublishedCited by 1 opinion

Appeal by the plaintiff, Julia A: McDonald, as administratrix, etc., from an order of the Supreme Court, made at the Westchester Special Terim and entered in the office of the clerk of the county of Westchester on the 25th day of November, 1910, denying the plaintiff’s motion for judgment on the pleadings. . j

1Opinion of the Court

Carr, J.:

This is an appeal from an order made at Special Term in Westchester county denying plaintiff’s motion, for judgment upon the pleadings, under section 547 of the Code of Civil-Procedure. The defendant demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of action. The complaint sets forth facts as follows: The plaintiff is the duly appointed administratrix of the estate of her husband, Patrick W. McDonald, deceased; her husband had a life insurance policy on his life which he assigned to the defendant as collateral security for a debt…

2Cases cited4 opinions

  1. Hill v. HardingSupreme Court of the United States · 1889
  2. McCombs v. . AllenNew York Court of Appeals · 1880
  3. Pickert v. EatonAppellate Division of the Supreme Court of the State of New York · 1903
  4. Wyckoff v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1910

3Cited by1 opinion

  1. Bank of New York v. NiesAppellate Division of the Supreme Court of the State of New York · 1983

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