Insurance of Pennsylvania v. Park & Pollard Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Park & Pollard Company, from an interlocutory judgment 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 14th day of June, 1919, overruling appellant’s demurrer to the complaint.
1Opinion of the Court
Laughlin, J.:
The demurrer was interposed upon the grounds that the complaint fails to state facts sufficient to constitute a cause of action and that there is a misjoinder of parties defendant in that the demurring defendant is not a necessary or proper party and that there is not and was not any privity of contract between the plaintiff and it.
It is alleged in the complaint that the plaintiff is a Pennsylvania corporation authorized to transact business here; that the defendant the Park & Pollard Company is a Massachusetts corporation having an office for the transaction of business in this…
2Cases cited11 opinions
- Brackett v. . GriswoldNew York Court of Appeals · 1889
- Jackson v. . St. Paul Fire and Marine Ins. Co.New York Court of Appeals · 1885
- Herckenrath v. American Mutual InsuranceNew York Court of Chancery · 1848
- Hastie v. De PeysterNew York Supreme Court · 1805
- Rector, Churchwardens & Vestrymen of St. Stephen's Protestant Episcopal Church v. Rector, Churchwardens & Vestrymen of Church of TransfigurationAppellate Division of the Supreme Court of the State of New York · 1909
6 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Homan v. Employers Reinsurance Corp.Supreme Court of Missouri · 1940
- Skandia America Reinsurance Corp. v. SchenckDistrict Court, S.D. New York · 1977
- Melco System v. Receivers of Trans-America Ins. Co.Supreme Court of Alabama · 1958
- Greenman v. General Reinsurance Corp.Appellate Division of the Supreme Court of the State of New York · 1933
- Grossman v. Herkimer County Industrial Development AgencyAppellate Division of the Supreme Court of the State of New York · 1977
16 more not listed; retrieve them via the Exa API.