Voisin v. Mitchell
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, New York County. Action by Stevens Voisin against Edward Mitchell and another. From an order denying a motion to compel plaintiff to reply to allegations in the answer, defendants appeal.
1Opinion of the CourtMcLAUGHLIN, J.
The defendants appeal from an order denying
a motion to compel plaintiff to reply to new matters alleged in para*387graphs 1, 2, 3, and 4 in their separate defense pleaded. The action was brought to recover $30,000 alleged to have been received by the defendants as the agent of the plaintiff from certain insurance companies. The paragraphs of the answer referred to allege in substance that the plaintiff assigned the claims referred to in the complaint against the insurance companies to certain of his creditors as security for their respective claims, which exceeded the amount of the policies; that…
2Cases cited3 opinions
- Griffey v. New York Central InsuranceNew York Court of Appeals · 1885
- Lang v. Eagle Fire Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Lang v. Eagle Fire Co.Appellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- Dittenfass v. HorsleyAppellate Division of the Supreme Court of the State of New York · 1916