Dominick v. Stern
New York Supreme Court
Motion by tbe defendant for judgment on .the pleadings dismissing the plaintiffs complaint, after demurrer to the plaintiff’s complaint on the ground that the complaint fails to' state a cause of action.
1Opinion of the CourtWheeler, J.
This action is brought by the plaintiff in his representative capacity, for the purpose of recovering from the defendant surplus of insurance purchased by the testator upon his life in excess of annual premiums of $500', pursuant to section 52 of the Domestic Relations Law of the state of New York.
The complaint alleges the testator died insolvent, and" had been insolvent for many years prior to his death. The plaintiff brings this action in behalf of, and for the benefit of, the creditors of the deceased.
'Section 52 of the Domestic Relations Law of the state, under which this action is…
2Cases cited2 opinions
- Pingree v. JonesIllinois Supreme Court · 1875
- Pinneo v. GoodspeedIllinois Supreme Court · 1887