Perry v. Mutual Reserve Fund Life Ass'n
Appellate Division of the Supreme Court of the State of New York
Appeal from, special term, Kings county. Action by Andrew J. Perry against the Mutual Reserve Fund Life • Association. From an interlocutory judgment sustaining a demurrer to the complaint, plaintiff appeals.
1DissentWoodward, J.
This action is brought for the purpose of determining the rights of the plaintiff under a contract of insurance. The defendant demurred on the ground that the complaint did not state facts sufficient to constitute a cause of action, and upon the further ground that it appeared upon the face of the complaint that the plaintiff had not legal capacity to sue, in that the action was not brought by the attorney general, or with his written approval, or by a judgment creditor, etc., as required by section. 56 of chapter 690 of the Laws of 1892, known as the “Insurance Law.” This demurrer was…
2Cases cited7 opinions
- Pembina Consolidated Silver Mining & Milling Co. v. PennsylvaniaSupreme Court of the United States · 1888
- Sage v. . CulverNew York Court of Appeals · 1895
- ParkerSupreme Court of the United States · 1889
- Swan v. . Mutual Reserve Fund Life Assn.New York Court of Appeals · 1898
- People v. . LoweNew York Court of Appeals · 1889
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