Lamoreux v. Atlantic Mutual Insurance
The Superior Court of New York City
This is an action on a policy of insurance, issued by the defendant, to recover $7,000, the sum insured, with interest. The complaint stated, among other things, that the policy executed was the usual printed form, used in certain cases; that it did not precisely state the actual agreement of the parties; that certain words, in order to definitely express that agreement, which ought to have been, were not written on the margin of the policy, but omits to state what they are.…
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This is an action on a policy of insurance, issued by the defendant, to recover $7,000, the sum insured, with interest. The complaint stated, among other things, that the policy executed was the usual printed form, used in certain cases; that it did not precisely state the actual agreement of the parties; that certain words, in order to definitely express that agreement, which ought to have been, were not written on the margin of the policy, but omits to state what they are. 3STor does it state what change should be made in the language of the policy in order to express the agreement of the…
1Opinion of the CourtBosworth, J.
The Code requires a complaint to contain “ a demand of the relief to which the plaintiff supposes himself entitled.” (§ 142, sub. 3.) The nature of the relief demanded, in many cases, determines the mode of trial. If the prayer is for a judgment, that the plaintiff recover of the defendant a sum of money, the action must be tried by a jury. (§ 253.) If other relief be prayed, the cause is to be tried by the court, unless the court orders otherwise. (§ 254.)
If in an action on contract the prayer is simply for a judgment for a sum named, or in the language of the Code, if the *682action is “ for…
2Cited by1 opinion
- Stephens v. MurtonOregon Supreme Court · 1876