Osterhoudt v. Prudential Insurance of America
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Dory Osterhoudt, from an order of the County Court of Ulster county, entered in the office of the clerk of said county on the 26th day of November, 1912, denying his motion to adjudge the defendant in contempt, to strike out its answer and for judgment in plaintiff’s favor as upon a default.
1Opinion of the Court
Howard, J.:
This action, which is on a life insurance policy, was first tried in the Kingston City Court; it resulted in a judgment for the plaintiff. On appeal to the County Court the plaintiff again procured a judgment. This judgment was reversed on the law and the facts by the Appellate Division' and a new trial was ordered. (136 App. Div. 123.) Before proceeding to trial again the plaintiff thought it necessary to procure certain documents or copies thereof alleged to be in the possession of the defendant. ■ An order directing the defendant to produce these documents of show cause why they…
2Cases cited3 opinions
- Brown v. BraunsteinAppellate Division of the Supreme Court of the State of New York · 1903
- Osterhoudt v. Prudential Insurance Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1909
- Wallace v. WallaceAppellate Division of the Supreme Court of the State of New York · 1910