Foerst v. Empire Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by Marguerite Foerst against the Empire Life Insurance Company. From an order denying defendant’s motion to amend the answer, it appeals.
1Opinion of the CourtIngraham, J.
The action was commenced in 1897, the defendant’s answer being verified on July 16, 1897.' The case was placed upon the calendar, and came on for trial on the 12th day of January, 1899. Upon the trial the defendant sought to defeat plaintiff’s recovery by proving that the amount of moneys in the mortuary fund of the defendant company applicable to the payment of the claim of the plaintiff was much less than the amount claimed. This testimony was excluded by the court upon the ground that no defense was set up in the answer under which the testimony was admissible. Thereupon, at the request of…
2Cited by1 opinion
- Barson v. MulliganNew York Supreme Court · 1904