Fish v. Iselin

Headnote

Fish v. Iselin, 174 App. Div. 855 , affirmed.

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 2, 1916, which affirmed an order of Special Term sustaining a demurrer to a defense set up in the answer. This is an action upon a policy of Lloyds insurance for $15,000 issued by 100 subscribers doing business under the name of Subscribers at United States “Lloyds,” upon a yacht named Senta, alleged to have belonged to the plaintiff and to have been destroyed by fire. The fifth separate defense sets up, as a bar to this action, a former judgment entered in favor of the defendant in the Municipal Court of the city of New York in the eighth Manhattan district, in a case wherein this plaintiff was plaintiff and one Douglas F. Cox, a subscriber, was defendant.

The following question was certified: “Does the fifth separate defense set up in the second amended answer on its face state facts sufficient to constitute a defense to the cause of action set forth in the complaint ? ”