Manhattan Life Insurance v. American Surety Co.

Appellate Division of the Supreme Court of New York

Manhattan Life Insurance v. American Surety Co.

44 N.Y.S. 1124

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 5, 1897

StatusPublished

This text of 44 N.Y.S. 1124 (Manhattan Life Insurance v. American Surety Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Manhattan Life Insurance v. American Surety Co., 44 N.Y.S. 1124 (N.Y. Ct. App. 1897).

Pincite

Opinion

PER CURIAM.

The order appealed from should be modified by requiring the plaintiff to renew its offer to exhibit to the defendant its books and the result of its investigation and accounting of and with the affairs of James G. West, and to stipulate that the defendant may avail itself of said offer without prejudice to its defense of nonliability. If the plaintiff refuses to renew such offer and to so stipulate, the motion, so far as the appellant claims particulars on page 13 of its brief upon this appeal, should be granted. If, however, the plaintiff renews such offer, and so stipulates, the motion should be denied. Costs of the motion in either case to abide the event. No costs of this appeal to either party.

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PER CURIAM.

The order appealed from should be modified by requiring the plaintiff to renew its offer to exhibit to the defendant its books and the result of its investigation and accounting of and with the affairs of James G. West, and to stipulate that the defendant may avail itself of said offer without prejudice to its defense of nonliability. If the plaintiff refuses to renew such offer and to so stipulate, the motion, so far as the appellant claims particulars on page 13 of its brief upon this appeal, should be granted. If, however, the plaintiff renews such offer, and so stipulates, the motion should be denied. Costs of the motion in either case to abide the event. No costs of this appeal to either party.

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Bluebook (online)

44 N.Y.S. 1124, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manhattan-life-insurance-v-american-surety-co-nyappdiv-1897.