Ætna Life Insurance v. North Star Mines Co.
New York Supreme Court
Issues of law upon demurrer to counterclaim.
1Opinion of the CourtBischoff, J.
The action is brought to recover a certain premium alleged to be due upon four policies of liability insurance; and the answer, after denying certain averments of the complaint, sets up two counterclaims. The second counterclaim is, apparently, based upon some provisions of two of the policies, whereby the defendant deems itself entitled to collect insurance for injuries to its employees, “ as trustee ” for the injured persons. A demurrer is interposed to this counterclaim for insufficiency in substance, and also upon the ground that it is not a counterclaim of the character specified in…
2Cases cited6 opinions
- Miller v. MaxwellNew York Supreme Court · 1836
- Anderson Building, Loan Fund & Savings Ass'n v. ThompsonIndiana Supreme Court · 1882
- Burnet v. BiscoNew York Supreme Court · 1809
- Goldsmith v. ChippsIndiana Supreme Court · 1900
- Shaw v. Butcher & HarrisNew York Supreme Court · 1838
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