Swift & Co. v. James Stewart & Co.

Action for declaratory judgment to determine the rights of the parties under an indemnity provision in a written agreement. Order denying plaintiff’s motion for judgment on the pleadings and granting defendant’s cross-motion to dismiss the complaint, and judgment entered pursuant thereto dismissing the complaint, unanimously affirmed, with ten dollars costs and disbursements. In the exercise of sound discretion an action for a declaratory judgment may not be entertained under the circumstances disclosed herein. The court will not by an advisory opinion pass upon an abstract question. We have,…