Douglass v. Phenix Insurance
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made March 15, 1892, which affirmed a judgment entered upon an order of Special Term sustaining a demurrer to the answer herein. This was an action upon a policy of insurance. The facts, so far as material to the questions discussed, are stated in the opinion.
1Opinion of the Court
Andrews, Ch. J.
The defense demurred to is in substance that the debt owing by the Phenix Insurance Company to the plaintiff, had been, prior to the commencement of this action, attached in the state of Massachusetts in an action in the Superior Court of that state, brought by John S. Alley and others against the parties in this action and the insurance company, to recover a debt owing by the plaintiffs to the attaching creditors, and that the Massachusetts action was still pending. This defense was pleaded in abatement of the present action.
The Phenix Insurance Company is a domestic…
2Cases cited7 opinions
- Williams v. . IngersollNew York Court of Appeals · 1882
- Bowne v. JoyNew York Supreme Court · 1812
- Gibbs v. . Queen Insurance Co.New York Court of Appeals · 1875
- Bissell v. KipNew York Supreme Court · 1809
- Oneida County Bk. v. . BonneyNew York Court of Appeals · 1886
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3Cited by105 opinions
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- Severnoe Securities Corp. v. London & Lancashire InsuranceNew York Court of Appeals · 1931
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