Brennan v. Security Life Insurance & Annuity Co.
New York Court of Common Pleas
Appeal by defendants from a judgment entered on the verdict of a jury. Action on an insurance policy issued on the life of George* Schott, and which policy had been assigned to plaintiff. The facts are stated in the opinion.
1Opinion of the Court
By the Court.*—Robinson, J.
—The first point presented, for consideration is one of practice at. the trial, whether where the case stated in the complaint upon a money demand on contract is admitted, and nothing is left for a complete judgment in the plaintiff’s favor, but a mere computation of interest on the demand for the period claimed, the defendants, upon an affirmative defense, set up in their answer, had the right of' *297opening the case to the jury. The judge at the trial, under such circumstances, granted this right to the plaintiff, against the objection and exception of the…
2Cases cited3 opinions
- Elwell v. . ChamberlinNew York Court of Appeals · 1864
- Hoxie v. GreeneNew York Supreme Court · 1869
- Lindsley v. European Petroleum Co.New York Supreme Court · 1870
3Cited by3 opinions
- Peetsch v. QuinnNew York Court of Common Pleas · 1894
- Grattan v. National Life InsuranceNew York Supreme Court · 1878
- McGinley v. United States Life InsuranceNew York Court of Common Pleas · 1878