118 N.Y.S. 599 | N.Y. Sup. Ct. | 1909
Defendant demurs to the complaint upon the ground that it fails to set forth any cause of action. Two causes of action are stated in the complaint, each of substantially the same tenor. They arise out of two separate policies of insurance heretofore issued by defendant upon the life of the plaintiff, the one for $2,000, and the other for $10,000, based upon premium payments for twenty years. The pleader, affirming due performance on the part of the plaintiff, alleges the making of an agreement by plaintiff with the Pittsburg Life and Trust Company as follows: “ That on or about the the 30th day of December, 1908, the defendant entered into an agreement with the Pittsburg Life and Trust Company wherein and whereby the defendant, fraudulently and in derogation and violation of its contract with and obligations to the plaintiff, assumed to rein-sure in said Pittsburg Life and Trust Company the plaintiff’s said policy and all other outstanding policies in the defendant, and wherein and whereby it fraudulently and in further
Demurrer overruled.