N.Y.L. Ins. Co. v. . Universal L. Ins. Co.

The plaintiff brought an action against the defendant company, before it passed into the hands of a receiver, to recover upon a policy which it had issued upon the life of one William T. Cordner. On the last day for the service of an answer, such service was made upon plaintiff's attorneys and an admission of "due service" given by them. On the next day, at about two o'clock, this answer was returned to defendants' attorneys, with a notice that such return was made, because no order of a judge directing trial of the issues raised had been served with it as required by section 1778 of the…