Aparicio v. New England Equitable Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, New England Equitable 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 oh the 9th day of November, 1916, sustaining a demurrer to a defense and counterclaim and granting plaintiff’s motion for judgment on the pleadings, and also from the judgment entered in said clerk’s office on the 10th day of November, 1916, pursuant to said order.
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Appeal by the defendant, New England Equitable 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 oh the 9th day of November, 1916, sustaining a demurrer to a defense and counterclaim and granting plaintiff’s motion for judgment on the pleadings, and also from the judgment entered in said clerk’s office on the 10th day of November, 1916, pursuant to said order. Judgment and order affirmed, with costs, on opinion of Delehanty, J., at Special Term.
1Opinion of the Court
Present — Clarke, P. J., Laughlin, Scott, Davis and Shearn, JJ.
The following is the opinion delivered at Special Term:
Delehanty, J.:
Motion for judgment on the pleadings. The action is brought upon an undertaking executed by the defendant. It is alleged in the complaint that in May, 1914, the plaintiff instituted an action against Alberto de Arteaga and Eugene. Richards to recover the possession of certain personal property; that the undertaking sued upon herein was given in that action for the purpose of reclaiming the goods in question from the sheriff ; that the plaintiff duly recovered…
2Cases cited7 opinions
- Crouse v. . McVickarNew York Court of Appeals · 1912
- Lyon v. TallmadgeCourt for the Trial of Impeachments and Correction of Errors · 1817
- Jewett v. CraneNew York Supreme Court · 1861
- Standard Fashion Co. v. ThompsonAppellate Division of the Supreme Court of the State of New York · 1910
- Brownell v. SnyderAppellate Division of the Supreme Court of the State of New York · 1907
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