Shaff v. United Surety Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the United Surety Company of Baltimore, Md., 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 Hew. York on the 4th day of October, 1910,"denying the defendant’s niotion to compel the plaintiffs’1 reply to new matter set up in the answer.
1Opinion of the Court
Miller, J. :
This is an action on a policy of burglary insurance. The policy is not made a part of the. complaint, but the plaintiffs plead full' performance of its conditions, provisions and terms. The defenses to which a reply is asked are five in number; three alleged breaches-of what both sides seem to agree are conditions precedent, performance of which the plaintiffs must prove under their plea of performance. The separate defenses,- therefore, are no more than denials.
The first defense pleaded is a breach of warranty, and the fifth an attempt to defraud the defendant by exaggerating the…
2Cases cited1 opinion
- Seaton v. GarrisonAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by2 opinions
- Eagle Waist Co. v. Ocean Accident & Guarantee Corp.Appellate Terms of the Supreme Court of New York · 1912
- Spingarn v. National Surety Co.Appellate Terms of the Supreme Court of New York · 1912