Davidsburgh v. . Knickerbocker Life Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the City-Court of Brooklyn, entered upon an order made December 30, 1880, which affirmed a judgment in favor of defendant, entered upon an order dismissing the complaint on- trial on the ground of want of jurisdiction.
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Appeal from judgment of the General Term of the City-Court of Brooklyn, entered upon an order made December 30, 1880, which affirmed a judgment in favor of defendant, entered upon an order dismissing the complaint on- trial on the ground of want of jurisdiction. This action was commenced in 1872, by the service of the summons on defendant’s secretary in the city of Brooklyn, where he resided, and was brought to recover damages alleged to have been occasioned by false representations, whereby plaintiff was induced to accept a policy of life insurance issued by the defendant, a corporation…
1Opinion of the CourtDanforth, J.
It is conceded by the appellant’s counsel that this action was commenced on the 19th of February, 1872. The question upon this appeal, therefore, is to be determined by the law in force at that time, viz.: The act of 1870 (Chap. 470), entitled “An act to increase the number of judges of the City Court of Brooklyn, and to regulate the civil and criminal jurisdiction thereof,” and not under the Code of Civil Procedure, for that statute was not then in force, nor are its provisions made applicable to actions theretofore pending.
The appellant’s difficulty is not with the cause of action. That…
2Cases cited3 opinions
- Risley v. . Phenix Bank of City of New YorkNew York Court of Appeals · 1881
- Wheelock v. . LeeNew York Court of Appeals · 1878
- Landers v. . Staten Island R.R. Co.New York Court of Appeals · 1873
3Cited by48 opinions
- Robinson v. Oceanic Steam Navigation Co.New York Court of Appeals · 1889
- Cohen v. NagleMassachusetts Supreme Judicial Court · 1906
- Davidson v. ReamAppellate Division of the Supreme Court of the State of New York · 1917
- In re the Estate of WeltonNew York Surrogate's Court · 1931
- Craig v. . Town of AndesNew York Court of Appeals · 1883
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