Myer Strasburger & Co. v. Bonwit
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Myer Strasburger & Co., 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 8th day of May, 1916, granting defendant’s motion to amend his answer.
1Opinion of the Court
Scott, J.:
Plaintiff, an insurance broker, sues for moneys which it advanced and paid to a life insurance company as premiums upon two policies written upon defendant’s life. Although the original answer is, in form, a general denial of all the material allegations of the complaint, it appears to be conceded that the two policies were issued to defendant; that plaintiff did in fact advance and pay the first premiums thereon, and that this was done by agreement with defendant.
The action was commenced on October 19, 1914, and issue was joined on December 28,1914, by the service of an amended…
2Cases cited2 opinions
- Mutual Loan Ass'n v. LesserAppellate Division of the Supreme Court of the State of New York · 1903
- Stedeker v. BernardNew York Court of Common Pleas · 1882
3Cited by1 opinion
- Massi v. Alben Builders, Inc.Appellate Division of the Supreme Court of the State of New York · 1946