Legal Opinion

Fire Department of East Rochester v. Barley

New York Supreme Court

Decided October 15, 1911PublishedCited by 1 opinion

Action to recover a penalty upon an agent’s bond. Demurrer to complaint.

1Opinion of the CourtSawyer, J.

Plaintiff sues to recover the penalty for failure to execute and deliver an agent’s bond, as required by section 134 of the Insurance Law.

The complaint must set forth specifically every fact required to show a violation of the statute in question; otherwise the demurrer must he sustained. Ithaca Fire Dept. v. Rice, 108 App. Div. 100.

After the necessary formal allegations, the amended com*629plaint shows that the defendant, at the times mentioned, was the agent of a foreign fire insurance corporation; that he was engaged in such business within the State of New York and at the city of New York;…

2Cases cited1 opinion

  1. Ithaca Fire Department v. RiceAppellate Division of the Supreme Court of the State of New York · 1905

3Cited by1 opinion

  1. Fire Department v. KavanaghNew York Supreme Court · 1913

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