St. John v. Union Mutual Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Stella St. John, from an order of the Supreme Court, made at the Jefferson Special Term and entered in the office of the clerk of the county of Jefferson on the 16th day of January, 1909, substituting another as defendant in place of the Union Mutual Life Insurance Company. The action is brought to recover the amount of a life insurance policy issued upon the life of Jay St. John.
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Appeal by the plaintiff, Stella St. John, from an order of the Supreme Court, made at the Jefferson Special Term and entered in the office of the clerk of the county of Jefferson on the 16th day of January, 1909, substituting another as defendant in place of the Union Mutual Life Insurance Company. The action is brought to recover the amount of a life insurance policy issued upon the life of Jay St. John. The respondent insurance company concedes its liability, but the insurance is claimed by both the plaintiff and the personal representative of the insured. The facts are fully stated in the…
1Opinion of the Court
Kruse, J.:
I think the order should be affirmed.
Section .820 of the Code of Civil Procedure provides that in certain actions, among others such as this, a defendant may at any time before answer, upon proof by affidavit that a person not a party to the action.makes a demand against him for the same debt or property, without collusion, apply to the- court upon notice to *516that person and the adverse party for an order to_ substitute that person in-his .place, and to discharge him from liability, by paying the amount of "the debt into court. While a mere naked demand is . not sufficient to warrant…
2Cited by6 opinions
- Pouch v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1912
- Tillie May Pouch v. Prudential InsuranceAppellate Division of the Supreme Court of the State of New York · 1911
- Cramer v. Travelers InsuranceNew York Supreme Court · 1943
- Singer v. New York Life Ins.New York Supreme Court · 1916
- Slauson v. WoehlkinsAppellate Division of the Supreme Court of the State of New York · 1910
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