Spring v. Fidelity Mutual Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Fidelity Mutual Life Insurance Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in-the office of the clerk of the county of Chemung on the 13th day of October, 1916, overruling its demurrer to the complaint. .
1Opinion of the Court
Woodward, J.:
The complaint alleges, and the demurrer admits for the purposes of this appeal, that the defendant is a foreign corporation, organized and doing business under the laws of the State of Pennsylvania, and doing an insurance business within the State of New York. The complaint further alleges that on or about the 28th day of March, 1895, the defendant, for value received, made a written contract of insurance with the plaintiff, the policy being made a part of the complaint, and that “ said defendant, its officers, representatives or agents, before said plaintiff made application for…
2Cases cited5 opinions
- People Ex Rel. Metropolitan Street Railway Co. v. State Board of Tax CommissionersNew York Court of Appeals · 1903
- Weyerhaeuser v. HoytSupreme Court of the United States · 1911
- Sauerbrunn v. . Hartford Life Ins. Co.New York Court of Appeals · 1917
- Abbott v. . EastonNew York Court of Appeals · 1909
- Low v. SwartwoutAppellate Division of the Supreme Court of the State of New York · 1916
3Cited by3 opinions
- Moen v. ThompsonNew York Supreme Court · 1946
- A. L. Gosselin Corp. v. Mario Tapparelli fu Pietro of America, Inc.Appellate Division of the Supreme Court of the State of New York · 1920
- Long Building, Inc. v. Buffalo Anthracite Coal Co.New York Supreme Court · 1947