Knauer v. Globe Mutual Life Insurance
The Superior Court of New York City
Appeal from an order denying a motion to open a default. The action was begun in September, 1878, its object being to set aside an insurance policy for fraud, and to recover moneys paid on account thereof. The answer denied any fraud, and alleged that the plaintiffs acted with full knowledge of all the facts and circumstances in reference to the matters complained of.
Read the full summary
Appeal from an order denying a motion to open a default. The action was begun in September, 1878, its object being to set aside an insurance policy for fraud, and to recover moneys paid on account thereof. The answer denied any fraud, and alleged that the plaintiffs acted with full knowledge of all the facts and circumstances in reference to the matters complained of. Issue having been joined, the case was on the calendar of this court at the May term in 1879, and went over at the request of plaintiffs’ counsel. On the first day of June, the attorney-general, with the leave of the supreme…
1Opinion of the Court
By the Court.—Horace Russell, J.
This default seems to have been permitted in part because the defendant’s attorneys believed that the appointment of a receiver of their client’s property made it necessary, before plaintiffs could proceed with their action, that the receiver should first be substituted as a defendant; but more because their client’s property having been taken away by the court, so that it was somewhat uncertain whether or not they would be compensated for their services, they did not choose to continue the defense until some satisfactory understanding on that point was arrived…
2Cases cited5 opinions
- Stuart v. . PalmerNew York Court of Appeals · 1878
- People v. President & Directors of the Manhattan Co.New York Supreme Court · 1832
- Mickles v. Rochester City BankNew York Court of Chancery · 1844
- In re WaterburyNew York Court of Chancery · 1840
- Griffin v. . HelmboldNew York Court of Appeals · 1878