Avery v. . Equitable Life Assurance Society
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 13, 1889, which affirmed an interlocutory judgment, entered upon an order of Special Term overruling a demurrer to plaintiff’s complaint. The substantial averments of the complaint are set forth in the opinion. This action is simply for the reformation of a written contract, and the enforcement of it as reformed. (Code of Civ.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 13, 1889, which affirmed an interlocutory judgment, entered upon an order of Special Term overruling a demurrer to plaintiff’s complaint. The substantial averments of the complaint are set forth in the opinion. This action is simply for the reformation of a written contract, and the enforcement of it as reformed. (Code of Civ. Pro. § 483 ; Briggs v. Oliver, 68 N. Y. 336; Kelly v. Downing, 42 id. 71, 77.) Plaintiff’s delay, shown on the face of the complaint, deprives…
1Opinion of the CourtGray, J.
This action was brought by plaintiff to have a policy of assurance reformed in certain respects, and, as reformed, to recover thereupon against the defendant a certain sum of money.
The complaint was demurred to on the ground that it did not state facts sufficient to constitute a cause of action. It alleges that in the year 1873 the plaintiff’s husband was solicited by the defendant to assure his life on a plan known as the “ Tontine Savings Fund Policy; ” that it was agreed between those parties that a policy was to be delivered assur ing, for the sole use of the plaintiff, her- husband’s…
2Cases cited2 opinions
- Bogardus v. . New York Life Ins. Co.New York Court of Appeals · 1886
- Maher v. . Hibernia Insurance Co.New York Court of Appeals · 1876
3Cited by23 opinions
- Travelers' Insurance v. HendersonCourt of Appeals for the Eighth Circuit · 1895
- Horine v. Royal InsuranceMissouri Court of Appeals · 1918
- New York Life Ins. Co. v. StreetCourt of Appeals of Texas · 1924
- Langdon v. Northwestern Mutual Life InsuranceNew York Court of Appeals · 1910
- Ulman v. Equitable Life Assurance SocietyAppellate Division of the Supreme Court of the State of New York · 1914
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