Mees v. Pittsburgh Life & Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Apolina Kurgan Mees, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 13th day of April, 1915, overruling a demurrer to a separate defense set up in the answer.
1Per curiam
We think the order overruling the demurrer must be sustained for the reason that it does not appear that the insurance policy sued on was made or delivered in this State. Defendant is a Pennsylvania corporation, and it appears from its answer that the policy was executed at its home office in Pittsburgh, but whether delivered there or elsewhere is not alleged. It is alleged in the complaint that the policy was exécuted by defendant’s officers at Pittsburgh, Penn., and delivered to Piotra Kurgan without alleging where it was so delivered. The complaint also alleges that defendant “was and is…
2Cases cited2 opinions
- Murphy v. Colonial Life Ins. Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1914
- Murphy v. Colonial Life Insurance Co. of AmericaAppellate Terms of the Supreme Court of New York · 1914
3Cited by2 opinions
- Chesher v. United States Casualty Co.New York Supreme Court · 1950
- Chesher v. United States Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1951