Swing v. Mooney
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James B. Swing, as trustee, etc., from an interlocutory judgment of the Supreme Court in favor of. the defendant James Mooney, entered in the office of the clerk of the county of Erie on the 12th day of January, 1910, upon the decision of the court, rendered after a trial at the Erie Special Term, overruling the plaintiff’s demurrer to certain defenses in the amended answer- of the said defendant, and also (as stated in the notice of appeal) from an…
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Appeal by the plaintiff, James B. Swing, as trustee, etc., from an interlocutory judgment of the Supreme Court in favor of. the defendant James Mooney, entered in the office of the clerk of the county of Erie on the 12th day of January, 1910, upon the decision of the court, rendered after a trial at the Erie Special Term, overruling the plaintiff’s demurrer to certain defenses in the amended answer- of the said defendant, and also (as stated in the notice of appeal) from an order entered in said clerk’s office on the same day. The action was commenced on the 16th day of July, 1907, by J ames…
1Opinion of the Court
McLennan, P. J.:
It is alleged in the complaint in substance that the Union Mutual Fire Insurance Company óf Cincinnati was incorporated under the laws of Ohio in May, 1887, and that during the years 1888, 1889 and 1890 it was doing business under and by virtue of such incorporation. It.is alleged that the laws'of Ohio-in force during said last named years pertaining to mutual firé insurance companies provided, among other things, as follows (Ohio It. S. § 3650): “ Every person who effects insurance in a mutual company, and continues to' be insured, and his heirs, executors, administrators and…
2Cases cited3 opinions
- Great Western Telegraph Co. v. PurdySupreme Court of the United States · 1896
- Howarth v. . AngleNew York Court of Appeals · 1900
- Swing v. Red River Lumber Co.Supreme Court of Minnesota · 1908
3Cited by3 opinions
- Swing v. EngleAppellate Division of the Supreme Court of the State of New York · 1911
- Kelly v. BremmermanAppellate Division of the Supreme Court of the State of New York · 1965
- Swing v. EngleAppellate Division of the Supreme Court of the State of New York · 1911