Logan v. Fidelity-Phenix Fire Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Fidelity-Phenix Fire Insurance Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 1st day of November, 1918, overruling its demurrer to the amended complaint.
1Opinion of the Court
Laughlin, J.:
On a former appeal from an order overruling a demurrer to the original complaint on the ground that it failed to state facts sufficient to constitute a causé of action, we held that the complaint was demurrable on the theory that it was framed in equity to compel the defendant to account for part of the proceeds of a loan obtained on 1,400 shares of American Sugar Refining Company stock, borrowed of the plaintiff by one Sheldon as president of the Phenix Insurance Company — for whose obligations the defendant has become hable by merger — and that the plaintiff had an adequate…
2Cases cited4 opinions
- Low v. SwartwoutAppellate Division of the Supreme Court of the State of New York · 1916
- Logan v. Fidelity-Phenix Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1914
- Logan v. . Fidelity-Phenix Fire Insurance Co. of New YorkNew York Court of Appeals · 1917
- Logan v. Fidelity-Phenix Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1918