Legal Opinion

Reynolds v. Ætna Life Insurance

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

Decided July 1, 1897PublishedCited by 4 opinions

Appeal by the defendants, Margaret Worthington, individually and as administratrix, etc., of Richard Worthington, deceased, and otliers, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the' ■county of Kings on the 1st day of March, 1891, granting leave to the defendant, The ¿Etna Life Insurance Company, to serve a supplemental answer.

1Opinion of the Court

Bradley, 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. Ætna Life Ins. Co., 11 App. Div. 99.) 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…

2Cases cited1 opinion

  1. Reynolds v. Ætna Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by4 opinions

  1. People ex rel. Radeziwon v. City of BuffaloNew York Supreme Court · 1909
  2. Bell Telephone Co. v. Home Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1900
  3. Mayor of New York v. East Bay Land & Improvement Co.Appellate Division of the Supreme Court of the State of New York · 1899
  4. Silver & Co. v. WatermanAppellate Division of the Supreme Court of the State of New York · 1907

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