Glenney v. Stedwell
New York Court of Appeals
Appeal from an Order. William P. G-lenney, on his own behalf and on behalf of other policy holders similarly situated, &c., brought an action in the New York superior court, against the World Mutual Life Insurance Co., the New Jersey Mutual Life Insurance Co., and D. J. Noyes, F. J. Mulligan, J. H. Stedwell, John Doe and Richard Roe, to set aside an election of Noyes and Mulligan, and enjoin an alleged threatened perversion of the reserve fund of the first-named company,…
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Appeal from an Order. William P. G-lenney, on his own behalf and on behalf of other policy holders similarly situated, &c., brought an action in the New York superior court, against the World Mutual Life Insurance Co., the New Jersey Mutual Life Insurance Co., and D. J. Noyes, F. J. Mulligan, J. H. Stedwell, John Doe and Richard Roe, to set aside an election of Noyes and Mulligan, and enjoin an alleged threatened perversion of the reserve fund of the first-named company, upon grounds 'which are indicated below. The action was commenced by service of the summons alone on May 26, 1875. On the…
1Opinion of the Court
The CouPuT (opinion by Folgeb, J.)
held as stated in head-note.*
Note oh Examination before Trial.
The court of appeals, in King v. Leighton, 58 N. Y. 888, held that the power to examine the adverse party thus given, was only a substitute for the remedy by bill of discovery, and therefore did not allow examination for purposes of a motion. S. P., Carr v. Great W. Ins. Co., 8 Daly, 160 ; Burnett v. Snyder, 41 Super. Ct. (J. & S.) 847. In the present case, they hold that it is a full substitute, intended to afford the same benefits which were allowed by the courts of equity through such a bill.…
2Cases cited39 opinions
- Van Kleeck v. Dutch ChurchNew York Supreme Court · 1838
- Belknap v. TrimbleNew York Court of Chancery · 1831
- Adams v. RiversNew York Supreme Court · 1851
- March v. DavisonNew York Court of Chancery · 1842
- Bucklin v. FordNew York Supreme Court · 1849
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3Cited by6 opinions
- Phœnix v. DupuyNew York Court of Common Pleas · 1877
- Levy v. LoebThe Superior Court of New York City · 1878
- Elmore v. HydeNew York Court of Common Pleas · 1877
- Vieller v. OppenheimNew York Supreme Court · 1894
- Fluchtwanger v. DessarNew York Supreme Court · 1889
1 more not listed; retrieve them via the Exa API.