Lord v. Equitable Life Assurance Society of the United States
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Equitable Life Assurance Society of the United States, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Nassau on the 16th day of June, 1905, upon the decision of the court, rendered after a trial at the Nassau Special Term, overruling the said defendant’s demurrer to the amended complaint, and also from an order entered in said clerk’s office on the 5th day of…
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Appeal by the defendant, The Equitable Life Assurance Society of the United States, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Nassau on the 16th day of June, 1905, upon the decision of the court, rendered after a trial at the Nassau Special Term, overruling the said defendant’s demurrer to the amended complaint, and also from an order entered in said clerk’s office on the 5th day of June, 1905, resettling a previous order granting a preliminary injunction.
1Opinion of the Court
Woodward, J.:
There are two appeals in this case, one from an interlocutory judgment overruling the demurrer of the defendant, the ground stated being that the complaint failed to state facts sufficient to constitute a cause of action, and the other from an order granting a grelmiaary injunetion. It is conceded by all of the parties that if *254the fact's set foi’fch in the complaint are sufficient to constitute a cause of action, then the preliminary injunction is within the discretion of the court at Special Term, and ought not to be disturbed. It will not, therefore, be necessary to devote any…
2Cases cited6 opinions
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- People v. . O'BrienNew York Court of Appeals · 1888
- New York Life Insurance v. StathamSupreme Court of the United States · 1876
- People v. Security Life Insurance & Annuity Co.New York Court of Appeals · 1879
- Hinckley v. Schwarzschild & Sulzberger Co.Appellate Division of the Supreme Court of the State of New York · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Lord v. Equitable Life Assurance Society of the United StatesNew York Court of Appeals · 1909
- Colby v. Equitable Trust Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Millspaugh v. CassedyAppellate Division of the Supreme Court of the State of New York · 1920
- Page v. American & British Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Russell v. Washington Life InsuranceNew York Supreme Court · 1909
9 more not listed; retrieve them via the Exa API.