Greeff v. Equitable Life Assurance Society of United States
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered May 5, 1899, reversing an interlocutory judgment entered upon a decision of the trial court, which sustained a demurrer to the complaint, and from an interlocutory judgment entered upon the decision of the former court overruling the defendant’s demurrer.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered May 5, 1899, reversing an interlocutory judgment entered upon a decision of the trial court, which sustained a demurrer to the complaint, and from an interlocutory judgment entered upon the decision of the former court overruling the defendant’s demurrer. This action was brought to recover an unpaid balance of the share of the defendant’s net surplus, to which the plaintiff alleges himself to be entitled. The question certified is as follows : “ Does the complaint in…
1Opinion of the CourtMartin, J.
The question of the sufficiency of the plaintiff’s complaint has been certified to this court by the Appellate Division and presents the only question to be determined upon this appeal. The importance of this case requires a careful and studious consideration of that question and of the principles involved in its determination. Its importance arises not so much from the amount at issue in this particular case, although it is large, as from the principles to be established by its decision. The determination of the principles involved will not only affect existing contracts amounting to many…
2Cases cited16 opinions
- Marie v. . GarrisonNew York Court of Appeals · 1880
- Sage v. . CulverNew York Court of Appeals · 1895
- Williams v. . Western Union Telegraph Co.New York Court of Appeals · 1883
- Boardman v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1881
- Flynn v. . Brooklyn City R.R. Co.New York Court of Appeals · 1899
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3Cited by119 opinions
- Perlmutter v. Beth David HospitalNew York Court of Appeals · 1954
- Equitable Life Assurance Society of the United States v. BrownSupreme Court of the United States · 1909
- Rhine v. New York Life InsuranceNew York Court of Appeals · 1936
- DeKoven v. DeKovenIllinois Supreme Court · 1903
- Red Robin Stores, Inc. v. RoseAppellate Division of the Supreme Court of the State of New York · 1948
114 more not listed; retrieve them via the Exa API.