Biggert v. Hicks

Van Wyck, Ch. J.

The plaintiff’s demurrer was to the separate defense, that the policy of insurance under which defendant was sued as one of several underwriters contained a provision that: “Ho action shall be brought to enforce the provisions of this policy except against the general managers, as attomeys-in-fact, and representing all of the underwriters, and each of the underwriters hereby agrees to abide the result of any suit so brought, as fixing his individual responsibility hereunder.” This demurrer was properly sustained. The Common Pleas, General Term, Pryor, J., writing, has passed…