Legal Opinion

Columbia Bank v. Equitable Life Assurance Society of United States

Appellate Division of the Supreme Court of the State of New York

Decided June 15, 1901PublishedCited by 5 opinions

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

  1. Williams v. . IngersollNew York Court of Appeals · 1882

3Cited by5 opinions

  1. In re the Estate of KitchingNew York Surrogate's Court · 1931
  2. Foryciarz v. Prudential Insurance Co. of AmericaNew York Supreme Court · 1916
  3. Doughty v. WestonAppellate Terms of the Supreme Court of New York · 1915
  4. Foryciarz v. Prudential Ins. Co. of AmericaNew York Supreme Court · 1916
  5. Shaffer v. North British & Mercantile InsuranceAppellate Terms of the Supreme Court of New York · 1915

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