Peabody v. Germain
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Ruskton Peabody, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Queens on the 23d day of January, 1899, denying the plaintiff’s motion for leave to serve a supplemental complaint.
1DissentGoodrich, P. J.
I cannot agree with the views of my associates. It is unnecessary to state other facts in this case than that the plaintiff’s right of action is based on an allegation that before the commencement of *149the action, in February, 1898, he recovered a judgment against Bertrand, the agent and one of the underwriters of the Electric City Lloyds of Buffalo, on a policy issued by that institution. By the terms of the policy such recovery was a condition precedent to his right of recovery against the defendant. • It appears that the judgment was taken by default’in January, 1898, and that it was…
2Cases cited1 opinion
- New England Water Works Co. v. Farmers' Loan & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1897