Langley v. Metropolitan Life Insurance

Supreme Court of Rhode Island

Langley v. Metropolitan Life Insurance

11 A. 174, 16 R.I. 21, 1887 R.I. LEXIS 71

Supreme Court of Rhode Island·Decided November 5, 1887·Published

Opinion

Per Curiam.

The demurrer to the declaration must be overruled. The declaration contains a special count on a policy of life insurance, also a count on account settled or stated, and the common counts. The demurrer is a general demurrer to the entire declaration. Of course it is bad if *22 either count is sufficient. The defendant does not claim to point out any defect in any but the first count, and we do not discover any defect in the other counts. Gould on Pleading, cap. iv. § 6; 1 Chitty on Pleading, *696. Demurrer overruled.

William P. Sheffield William P. Sheffield, Jun., for plaintiff. Francis W. Miner Sf William G. Roelher, for defendant.

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Per Curiam.

The demurrer to the declaration must be overruled. The declaration contains a special count on a policy of life insurance, also a count on account settled or stated, and the common counts. The demurrer is a general demurrer to the entire declaration. Of course it is bad if *22 either count is sufficient. The defendant does not claim to point out any defect in any but the first count, and we do not discover any defect in the other counts. Gould on Pleading, cap. iv. § 6; 1 Chitty on Pleading, *696. Demurrer overruled.

William P. Sheffield William P. Sheffield, Jun., for plaintiff. Francis W. Miner Sf William G. Roelher, for defendant.

Langley v. Metropolitan Life Insurance, 11 A. 174, 16 R.I. 21, 1887 R.I. LEXIS 71 (R.I. 1887).

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