Reynolds v. Aetna Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Kings county. Action by Frank Reynolds, as receiver of Richard Worthington, against the Aetna Life Insurance Company and others. From an order granting leave to defendant Aetna Life Insurance Company to serve a supplemental answer, defendants Worthington, Glover, Doman, and Little, as receiver, appeal. Affirmed.
1Opinion of the CourtBradley, J.
The former order granting leave to the defendant insurance company to make and serve a supplemental answer was reversed because it had not the support of facts required by the statute and practice in such .cases. Reynolds v. Insurance Co., 11 App. Div. 99, 42 N. Y. Supp. 1058. The statute provides for the permission of a defendant to make a supplemental answer “alleging material facts which occurred after his former pleading, or of which he was ignorant when it was made.” Code Civ. Proc. § 544. On the review of the former order there was an entire absence of proof by affidavit that any of the…
2Cases cited1 opinion
- Reynolds v. Ætna Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1896