Ætna Life Insurance v. National Dry Dock & Repair Co.

From an order granting summary judgment to the plaintiff and severing the action so that a trial alone may be had of defendant’s counterclaim, defendant appeals.

The question involved is whether a plaintiff may be granted a summary judgment notwithstanding a counterclaim by the defendant for a larger sum, with the proviso that any amount collected by the plaintiff upon said judgment shall be held subject to any judgment obtained by the defendant upon its counterclaim. Such partial judgment may not be so recovered. This leads to a reversal of the order appealed from.

Plaintiff sues for insurance…