112 Misc. 199 | N.Y. Sup. Ct. | 1920
The plaintiff has demurred to the separate defenses contained in the answer upon the ground that such defenses are insufficient and the issue of law thus joined has been brought on for trial upon the plaintiff’s motion. The defendant is a foreign insurance company and is sued by the plaintiff upon a contract of reinsurance alleged to have been made by the defendant with the plaintiff. The prayer for relief in the complaint is for a reformation of such contract and for judgment for a loss measured by the contract as so reformed. The first defense sets up the act of congress approved October 6, 1917, known as the Trading with the Enemy Act, and amendments thereto, and that, pursuant to an order of the president of the United States duly made thereunder, the alien property custodian, prior to the commencement of this action, took over the business, property and assets of the defendant under the provisions of the said act and has since had and now has the entire custody and control of the said business, property and assets and
Ordered accordingly.