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 2d day of October, 1917, overruling a demurrer to the complaint and granting plaintiff judgment on the pleadings.
1Opinion of the Court
Shearn, J.:
The defendant has appealed from an order granting plaintiff’s motion to overrule a demurrer to the complaint, interposed on the ground that it does not state facts sufficient to constitute a cause of action.
The complaint, after alleging the broad and entirely sufficient power of Sheldon, as president of the Phenix Insurance Company, derived both by the terms of its charter and by the custom of the business, to warrant him in making the contract of borrowing which is set forth in the complaint, alleges the making of a contract between the plaintiff and the Phenix Insurance Company,…
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
- Work v. BeachNew York Supreme Court · 1889
- Gauld v. LipmanNew York Court of Common Pleas · 1893
3Cited by2 opinions
- Wickum v. ArnesonNorth Dakota Supreme Court · 1933
- Logan v. Fidelity-Phenix Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1919