Mutual Life Insurance v. McCurdy
Appellate Division of the Supreme Court of the State of New York
Apeeal by the defendant, Richard A. McCurdy, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 13th day of November, 1906, denying the defendant’s motion to strike out certain allegations of the complaint as irrelevant and redundant, and to require that the complaint be made more definite and certain and to have the facts constituting the several causes of action separately stated and…
Read the full summary
Apeeal by the defendant, Richard A. McCurdy, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 13th day of November, 1906, denying the defendant’s motion to strike out certain allegations of the complaint as irrelevant and redundant, and to require that the complaint be made more definite and certain and to have the facts constituting the several causes of action separately stated and numbered.
1Opinion of the Court
Laughlin, J.:
The excellent opinion of. the learned justice who presided on the hearing of this motion at Special Term meets with our approval and renders further discussion of many points argued on the appeal unnecessary, excepting to emphasize views already briefly outlined by him.
This is an action at law. The complaint contains nine counts. In the first six paragraphs of the first count, which are repeated by reference in' each of the others, it is alleged in substance that plaintiff is a- domestic life insurance corporation, with by-laws duly adopted.; that pursuant to its charter and…
2Cases cited12 opinions
- O'Brien v. . FitzgeraldNew York Court of Appeals · 1894
- Mason v. . HenryNew York Court of Appeals · 1897
- Dykman v. . KeeneyNew York Court of Appeals · 1897
- O'Brien v. FitzgeraldAppellate Division of the Supreme Court of the State of New York · 1896
- People of the State of N.Y. v. . TweedNew York Court of Appeals · 1875
7 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Newton v. Livingston County Trust Co.Appellate Division of the Supreme Court of the State of New York · 1931
- Meredith v. Art Metal Construction Co.New York Supreme Court · 1916
- Fleitmann v. United Gas Improvement Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Mutual Life Insurance v. GrannissAppellate Division of the Supreme Court of the State of New York · 1907
- Godley v. Crandall & Godley Co.Appellate Division of the Supreme Court of the State of New York · 1912