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Fischer v. Hope Mutual Life Insurance

40 N.Y. Super. Ct. 550 8 Jones & S. 550 Court N.Y. Super. Ct. Decision date 1876-02-07 English

Delivered by Curtis, J.,

Contents

Majority

p. 550
JONAS FISCHER, Plaintiff and Respondent, v. THE HOPE MUTUAL LIFE INS. CO. OF NEW YORK, Defendant and Appellant.

Headnote

LEAVE TO APPEAL TO THE COURT OF APPEALS
Will be granted where there are numerous other claims against the defendant involving the same questions.
Before Curtis and Sedgwick, JJ.
Heard January, 1876;
Decided February 7, 1876.
Samuel A. Noyes, for the motion.
D. S. Riddle, opposed.

wrote in favor of the motion,'laying down the above proposition, and holding that the case came within the rule indicated in Radde v. Butterfield, 38 Supr. Ct. R., p. 44.

Sedgwick, J., concurred.