Hasberg v. Moses
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Max Moses, from an interlocutory judgment of the Supreme Court .in favor of the plaintiff,, entered in. the office of the clerk of the county of New York on the 2.9th . day of October, 1902, upon the decision of the court, rendered after a trial at the New York Special Term, overruling said defendant’s demurrer to the plaintiff’s complaint.
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Appeal by the defendant, Max Moses, from an interlocutory judgment of the Supreme Court .in favor of the plaintiff,, entered in. the office of the clerk of the county of New York on the 2.9th . day of October, 1902, upon the decision of the court, rendered after a trial at the New York Special Term, overruling said defendant’s demurrer to the plaintiff’s complaint. The complaint avers that the defendant, the Mutual Life Insurance Company of New York,' is a domestic corporation, having an office in the city of New York and is engaged in thé business of life insurance; that the said company…
1Opinion of the Court
Hatch, J.:
We are assured by the learned counsel for the appellant that he interposed his demurrer to the complaint in this action upon a decision of this court as expressed in McCabe v. McCabe (67 App. Div. 589), and that the learned court at Special Term entirely misappre*202hended the force and effect of such decision in overruling the demurrer interposed in the present, action.
We have reached the conclusion that the learned counsel has misapprehended the effect of our decision in the McCabe case. Therein we held that the complaint, in all its essential features^ was an action at law to recover…
2Cases cited8 opinions
- Marie v. . GarrisonNew York Court of Appeals · 1880
- Mahr v. Norwich Union Fire Insurance SocietyNew York Court of Appeals · 1891
- Atkinson v. ManksNew York Supreme Court · 1823
- Zimmerman v. . KinkleNew York Court of Appeals · 1888
- Burritt v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Perkins v. CoursonSupreme Court of Georgia · 1964
- Faith v. MassengillCourt of Appeals of Georgia · 1961
- Indianapolis & Northwestern Traction Co. v. HendersonIndiana Court of Appeals · 1906
- Stricklin v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1921
- Mutual Life Insurance v. McCurdyAppellate Division of the Supreme Court of the State of New York · 1907
8 more not listed; retrieve them via the Exa API.