New York Life Insurance v. Universal Life Insurance
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, entered upon an order made January 10, 1882, which affirmed an order of Special Term setting aside a judgment herein. The material facts appear in the opinion. Plaintiffs attorneys did not waive the irregularity of a failure to serve a copy of the order directing the issues presented to be tried by admitting due service of the answer.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, entered upon an order made January 10, 1882, which affirmed an order of Special Term setting aside a judgment herein. The material facts appear in the opinion. Plaintiffs attorneys did not waive the irregularity of a failure to serve a copy of the order directing the issues presented to be tried by admitting due service of the answer. (4 Wait’s Pr. 623; Tallman v. Barnes, 12 Wend. 227; People, ex rel. Crandall, v. Babcock, How. Pr. 3; Struver v. Ocean Ins. Co., 9 Abb. Pr. 23; Waring v. Senior, 48…
1Opinion of the CourtFinch, J.
The plaintiff brought an action against the defendant company, before it passed into the hands of a receiver, to recover upon a policy which it had issued upon the life of one William T. Cordner. On the last day for the service of *427an answer, such service was made upon plaintiff’s attorneys and an admission of “ due service ” given by them. On the next day, at about two o’clock, this answer was returned to defendants’ attorneys, with a notice that such return was made, because no order of a judge directing trial of the issues raised had been served with it as required by section 1778 of the…
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