Carney v. New York Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Sydney H. Carney, Sr., from a judgment of the Supreme Court in favor of the defendant, entered in the', office of the clerk of the county of New York on the 13th day. of February, 189Y, upon the dismissal of his complaint by direction, of the court after a trial:'at the New York Trial Term. ‘
1Opinion of the Court
Ingraham, J.:
Upon the trial of this action, after the plaintiff had . opened the ease'to the jury, the defendant moved to dismiss the'complaint upon *161•the .'Complaint itself and upon the opening. That motion the court •gránted, the ground of the decision as stated by the court being “ that the action, as appears from the pleadings and the opening, rests upon an agreement set out in the complaint which, under the ruling in the Beers case, appears to be void.”
The complaint alleges the incorporation of the defendant, the adoption by it of certain by-laws by which the power was conferred upon the…
2Cases cited2 opinions
- Beers v. New York Life InsuranceNew York Supreme Court · 1892
- Camacho v. Hamilton Bank Note & Engraving Co.Appellate Division of the Supreme Court of the State of New York · 1896
3Cited by16 opinions
- Heaman v. E. N. Rowell Co.New York Court of Appeals · 1933
- Alexander v. Equitable Life Assurance SocietyNew York Court of Appeals · 1922
- Scott v. LaneSupreme Court of Alabama · 1982
- Calteaux v. MuellerWisconsin Supreme Court · 1899
- Brown v. Safeway Stores, Inc.District Court, E.D. New York · 1960
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