Audubon v. Excelsior Fire Insurance
New York Court of Common Pleas
' Motion to open a default. The plaintiffs resisted the granting of the motion, except with a restriction precluding defendants from interposing the answer of a Former Adjudication, the facts are stated in the opinion.
1Opinion of the CourtHilton, J.
—The defendants apply to have their default opened, and that they be permitted to answer.
It is conceded on the part of the plaintiff that a sufficient excuse is shown to entitle them to relief from the consequences of their neglect or omission to serve the answer within the proper time; but it is insisted that the peculiar'circumstances of this case are such as call upon the court to restrict the defendants in respect to one of the defences proposed to be set up.
The action is upon a policy of insurance; or perhaps I should say, to establish that a policy was agreed on, and then to award the…
2Cases cited2 opinions
- Beach v. President of the Fulton BankCourt for the Trial of Impeachments and Correction of Errors · 1829
- King v. Merchants' Exchange Co.The Superior Court of New York City · 1850