Sauerbrunn v. . Hartford Life Ins. Co.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 29, 1915, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term bringing up for review an interlocutory judgment overruling a demurrer to the complaint. (See 159 App.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 29, 1915, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term bringing up for review an interlocutory judgment overruling a demurrer to the complaint. (See 159 App. Div. 121.) The complaint contains five separate causes of action based upon five several certificates of membership held by the plaintiff in the defendant corporation. A consideration of the first cause of action, which is…
1Opinion of the CourtHogan, J.
The decision of the Appellate Division was not y ua.r.<unous. The presiding justice of that court was of opinion that the failure of defendant to appear on the return of the notice of application for final judgment operated as a default within the meaning of section 1294 of the Code of Civil Procedure and the judgment allowed at the Special Term being in violation of section 1207 of. the Code the remedy of defendant was to move to vacate or modify the judgment so as to make it conform to the relief demanded in the complaint. A majority of the justices concurred in an opinion written by…
2Cases cited11 opinions
- Hartford Life Insurance v. IBSSupreme Court of the United States · 1915
- Travis v. . Knox Terpezone Co.New York Court of Appeals · 1915
- Condon v. Mutual Reserve Fund Life Ass'nCourt of Appeals of Maryland · 1899
- Taylor v. Mutual Reserve Fund Life Ass'nSupreme Court of Virginia · 1899
- State ex rel. Minnesota Mutual Life Insurance v. DentonSupreme Court of Missouri · 1910
6 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- James v. PowellNew York Court of Appeals · 1967
- Rogers v. Guaranty Trust Co.Supreme Court of the United States · 1933
- Weiss v. RouthCourt of Appeals for the Second Circuit · 1945
- State ex rel. Wurdeman v. ReynoldsSupreme Court of Missouri · 1918
- McClement v. Supreme Court of Independent Order of ForestersNew York Court of Appeals · 1918
27 more not listed; retrieve them via the Exa API.