140 A.D. 879 | N.Y. App. Div. | 1910
The plaintiff brings this action in equity, and prays that a policy of insurance which had been issued to the plaintiff by the defendant . in 1887, and which the defendant had declared forfeited, be adjudged to be in full force and effect and a valid and binding contract upon the defendant. Defendant demurs to the complaint upon the following grounds: First. That it appears upon the face of the complaint that it does not state facts sufficient to constitute a cause of action. Second. Upon the ground that it appears that there is a defect of parties plaintiff in that the beneficiary named in the policy sought to
See Ovenshire v. Security Mut. Life Ins. Co. (54 Misc. Rep. 435).—[Rep.