Archer v. Equitable Life Assur. Society
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, New York County. Action by Georgia C. Archer against the Equitable Life Assurance' Society of the United States. From an order granting plaintiff’s motion for judgment on the pleadings, defendant appeals. Affirmed, with leave to defendant to serve an amended answer.
1Opinion of the CourtMcLAUGHLIN, 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 up two separate defenses of fraud and misrepresentation on the…
2Cases cited3 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
- Murphy v. Colonial Life Insurance Co. of AmericaAppellate Terms of the Supreme Court of New York · 1914