Phinney v. Mutual Life Ins. Co. of New York
U.S. Circuit Court for the District of Washington
This was an action by Nellie Phinney against the Mutual Life Insurance Company of New York on a policy of insurance. The plaintiff demurred to the defendant’s answer.
1Opinion of the Court
HANFORD, District Judge.
This case was argued upon demurrer to the affirmative defenses in the answer.
The second affirmative defense pleads no facts. A mere naked conclusion that the contract of insurance was waived, abandoned, and rescinded is alleged. That is not a. good pleading, and for that reason the demurrer to that defense is sustained.
The third affirmative defense pleads a breach of warranty as a defense, and, in accordance with the opinion which I have filed in the case of Christine Selby against this same defendant (67 Fed. 490), 'that defense is insufficient. The case is exactly…
2Cases cited9 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Pritchard v. NortonSupreme Court of the United States · 1882
- Scudder v. Union National BankSupreme Court of the United States · 1875
- Andrews v. PondSupreme Court of the United States · 1839
- Chapman v. RobertsonNew York Court of Chancery · 1837
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- Hathaway v. Mutual Life Ins.U.S. Circuit Court for the District of Washington · 1900
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