Archer v. Equitable Life Assurance Society of United States
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Equitable Life Assurance Society of the United States, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 18 th day of March, 1915, granting the plaintiff’s motion for judgment on the pleadings after an answer had been served to the amended complaint.
1Opinion of the Court
McLaughlin, J.:
On the 1st of July, 1912, the defendant issued a policy of insurance upon the life of Joseph D. Carroll. After his death the beneficiary brought this action to recover thereon. After issue was joined the plaintiff moved, under section 547 of the Code of Civil Procedure, for judgment on the pleadings. The motion was granted and defendant appeals.
The complaint is in the usual form with a copy of the policy attached thereto and forming a part thereof. The ■ answer admits all of the material allegations of the complaint and sets forth two separate defenses of fraud and…
2Cases cited2 opinions
- Becker v. Colonial Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1912
- Murphy v. Colonial Life Ins. Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1914
3Cited by3 opinions
- Acee v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1927
- Parks v. Saint Lawrence Life Ass'nCity of New York Municipal Court · 1930
- Lococo v. Pittsburgh Life & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1916