Legal Opinion

Sebring v. Globe & Rutgers Fire Insurance

New York Supreme Court

Decided July 27, 1928Published

1Opinion of the CourtThompson, J.

These are plaintiff’s motions for judgment on the pleadings, or, in the alternative, to strike out parts of the answers. Defendants claim that the motions have been made and decided before.

When plaintiff’s barn burned, it was covered by insurance in five companies; all refused to pay, whereupon he sued each in a separate action; they appeared by the same attorney and filed identical answers. Plaintiff then moved for summary judgment under rules 113 and 114 of the Rules of Civil Practice on the ground “ that there is no defense to the action and that the said answer so interposed is a sham ”…

2Cases cited1 opinion

  1. City Trust, Safe Deposit & Surety Co. v. Wilson Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1901

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