Tyler v. Ætna Fire Insurance

New York Supreme Court

Tyler v. Ætna Fire Insurance

2 Wend. 280

CourtNew York Supreme Court

DecidedMay 15, 1829

StatusPublished

Cited by6 cases

This text of 2 Wend. 280 (Tyler v. Ætna Fire Insurance) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tyler v. Ætna Fire Insurance, 2 Wend. 280 (N.Y. Super. Ct. 1829).

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Opinion

By the Court, Savage, C. J.

The act under which these proceedings were had, does not warrant this summary'mode of obtaining a judgment in an action on a policy of insurance, in which the demand of the plaintiff is entirely unliquidated. It can be resorted to only in cases where the suit is “upon a contract, note, or other evidence of debt,” viz. where the instrument declared on is, per se, an evidence of debt, as a note, bill of exchange, bond, &c. (6 Cowen, 41.) The proceedings are set aside as irregular, with costs.

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By the Court, Savage, C. J.

The act under which these proceedings were had, does not warrant this summary'mode of obtaining a judgment in an action on a policy of insurance, in which the demand of the plaintiff is entirely unliquidated. It can be resorted to only in cases where the suit is “upon a contract, note, or other evidence of debt,” viz. where the instrument declared on is, per se, an evidence of debt, as a note, bill of exchange, bond, &c. (6 Cowen, 41.) The proceedings are set aside as irregular, with costs.

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Bluebook (online)

2 Wend. 280, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tyler-v-tna-fire-insurance-nysupct-1829.

Opinion

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