New Jersey & Pennsylvania Concentrating Works v. Ackermann
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Charles F. Acltermann and others,, 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 20th day of February, 1896, upon the decision of the-court rendered after a trial at the New York Special Term sustaining a demurrer to the second and third defenses contained in their answer.
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Appeal by the defendants, Charles F. Acltermann and others,, 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 20th day of February, 1896, upon the decision of the-court rendered after a trial at the New York Special Term sustaining a demurrer to the second and third defenses contained in their answer. This action was brought against the defendants, the underwriters of a policy of insurance, insuring the plaintiff against all liability for accidental injury or loss of life caused to any of…
1Opinion of the Court
Barrett, J.:
The facts upon which the questions of law presented by the demurrer are raised are fully and accurately stated by the learned judge at Special Term in the opinion there filed. The main ques*542rtion is as .to the validity of the stipulation that suit shall not be 'brought or maintained upon any claim arising out of the insurance in question against more than one of the underwriters at one time; ¡and, further, that a final decision in any suit thus brought shall "be decisive of the claim of the assured against each of the underwriters. In consideration of this stipulation upon the part…
2Cases cited2 opinions
- Knorr v. BatesNew York Court of Common Pleas · 1895
- Leiter v. BeecherAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by8 opinions
- Ralli v. WhiteAppellate Terms of the Supreme Court of New York · 1897
- McLean v. TobinAppellate Terms of the Supreme Court of New York · 1908
- Compton v. BeecherAppellate Division of the Supreme Court of the State of New York · 1897
- Lawrence v. SchaeferAppellate Division of the Supreme Court of the State of New York · 1897
- Lowrey v. BatesAppellate Terms of the Supreme Court of New York · 1899
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