Sauerbrunn v. Hartford Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Hartford Life Insurance Company, from a 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 1st day of August, 1914, upon an interlocutory judgment overruling a demurrer to the complaint on default of the defendant in serving an answer within the time allowed.
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Appeal by the defendant, the Hartford Life Insurance Company, from a 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 1st day of August, 1914, upon an interlocutory judgment overruling a demurrer to the complaint on default of the defendant in serving an answer within the time allowed. And also an appeal by the defendant from the interlocutory judgment entered in said clerk’s office on the 7th day of February, 1913, overruling its demurrer to the complaint.
1Opinion of the Court
Scott, J.:
I concur entirely with the presiding justice that the judgment sought to be appealed from is erroneous, and that whenever properly brought before this court it must be reversed or substantially modified. Clearly the defendant is aggrieved by it, and the only question is whether or not it should have sought redress by an appeal from .the judgment or by moving at Special Term, and if its motion for relief had been denied, appealing from the order denying the motion. That question depends upon the further question whether or not the judgment was one rendered on default, within the…
2Cases cited7 opinions
- Bassett v. FrenchNew York Court of Common Pleas · 1895
- Bassett v. . FrenchNew York Court of Appeals · 1898
- Mathot v. TriebelAppellate Division of the Supreme Court of the State of New York · 1905
- People v. Manhattan Real Estate & Loan Co.Appellate Division of the Supreme Court of the State of New York · 1902
- People v. Manhattan Real Estate & Loan Co.New York Court of Appeals · 1903
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3Cited by2 opinions
- Sirianni v. SirianniAppellate Division of the Supreme Court of the State of New York · 1961
- Sauerbrunn v. Hartford Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1915