Barry v. . Mutual Life Ins. Co. of N.Y.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, affirming an order of Special Term vacating and setting aside an order entered upon stipulation of the attorneys for the respective parties, and also setting aside the stipulation.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, affirming an order of Special Term vacating and setting aside an order entered upon stipulation of the attorneys for the respective parties, and also setting aside the stipulation. This action was brought to recover from defendant (the Mutual Life Insurance Company) the amount of two policies of insurance issued upon the life of plaintiff’s husband, John S. Barry, made payable to her, in the sum of $25,000. In July, 1871, the said Barry became embarrassed and prevailed upon plaintiff to assign to…
1Opinion of the CourtAllen, J.
Section eleven of the Code, subdivision four, gives an appeal to this court in an order affecting a substantial right not involving any question of discretion arising upon any interlocutory proceeding, or upon any question of practice, in the action. Section 122 provides to some extent a substitute for the former bill of interpleader in equity in certain cases. It authorizes the court in its discretion, upon the application of a defendant sued upon contract, or for specific real or personal property, and upon his depositing' in court the amount of the debt, or delivering the property or its…
2Cases cited7 opinions
- Ferris v. CrawfordNew York Supreme Court · 1845
- Atkinson v. ManksNew York Supreme Court · 1823
- The HiramSupreme Court of the United States · 1816
- Schaettler v. . GardinerNew York Court of Appeals · 1872
- Dows v. . CongdonNew York Court of Appeals · 1863
2 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Teitelbaum Holdings, Ltd. v. GoldNew York Court of Appeals · 1979
- Carnegie Steel Co. v. Cambria Iron Co.Supreme Court of the United States · 1902
- Yonkers Fur Dressing Co. v. Royal InsuranceNew York Court of Appeals · 1928
- People ex rel. Stead v. Spring Lake Drainage & Levee DistrictIllinois Supreme Court · 1912
- Bond v. BondAppellate Division of the Supreme Court of the State of New York · 1940
51 more not listed; retrieve them via the Exa API.