Colville v. Chubb
New York Supreme Court
Action on a marine insurance policy on a cargo of fruit, by John Colville' and others against Percy Chubb. Defendant specifically denied the allegations of the complaint, and also interposed a counter-claim asking for the reformation of the policy. Plaintiffs replied a general denial, and also a distinct defense.
Read the full summary
Action on a marine insurance policy on a cargo of fruit, by John Colville' and others against Percy Chubb. Defendant specifically denied the allegations of the complaint, and also interposed a counter-claim asking for the reformation of the policy. Plaintiffs replied a general denial, and also a distinct defense. Defendant now moves that the equitable issues raised by the counter-claim be tried at the special term, and that the trial of the cause at the circuit be stayed meanwhile.
1Opinion of the CourtIngraham, J.
The answer in this case sets up as a counter-claim an equitable cause of action, and demands equitable relief, viz., a cause of action to have the policy of insurance sued on reformed. By section 974 of the Code, it is provided that where the defendant interposes a counter-claim, and thereupon demands an affirmative judgment against the plaintiff, the mode of trial of an issue of fact arising thereupon is the same as if it arose in an action brought by defendant against the plaintiff for the cause of action stated in the *434complaint, and demanding the sainé judgment. If the defendant had…
2Cases cited2 opinions
- MacKellar v. . RogersNew York Court of Appeals · 1888
- Post v. MoranNew York Court of Common Pleas · 1882
3Cited by3 opinions
- People v. MooreNew York Court of General Session of the Peace · 1899
- Cohen v. American Surety Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Jackson v. Town of Fort CovingtonNew York Supreme Court · 1891