Columbia Bank v. Equitable Life Assurance Society of United States
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Columbia Bank and another, from am ihterlocutory judgment of the Supreme Court in favor of: the defendant, entered in the office of. the clerk of the county óf New York on the 21st day of February, 1901, upon the decision off the court rendered after a trial at the New York Special Term overruling a demurrer to the third separate defense set forth im the defendant’s supplemental answer; • ■ . •
1Opinion of the Court
Patterson, J.: •; The ground of the demurrer is-that the third separate defense in the supplemental answer is insufficient in law on the 'face thereof! The.action was begun in .the year-1888, and is in aid off an attach^ment. In the original complaint it is set forth that the defendant had issued to one Thomas. J. Hurley a policy of life insurance of the kind known as the semi-tontine policy, and that the dividend period on said policy-expired in October, 1888 that, the terms -of the policy were such that if the same should be in- force and the said Hurley be .living when the-…
2Cases cited1 opinion
- Williams v. . IngersollNew York Court of Appeals · 1882
3Cited by5 opinions
- In re the Estate of KitchingNew York Surrogate's Court · 1931
- Foryciarz v. Prudential Insurance Co. of AmericaNew York Supreme Court · 1916
- Doughty v. WestonAppellate Terms of the Supreme Court of New York · 1915
- Foryciarz v. Prudential Ins. Co. of AmericaNew York Supreme Court · 1916
- Shaffer v. North British & Mercantile InsuranceAppellate Terms of the Supreme Court of New York · 1915