Appellate Division of the Supreme Court of New York, 1924

Murphy v. Second Russian Insurance

Murphy v. Second Russian Insurance
Appellate Division of the Supreme Court of New York · Decided February 21, 1924 · Smith
208 A.D. 144; 203 N.Y.S. 234; 1924 N.Y. App. Div. LEXIS 4997

Counsel

William S. Thomson [Albert Massey of counsel], for the appellant., Hartwell Cabell [Blaine F. Sturgis of counsel], for the respondent.

Murphy v. Second Russian Insurance

Opinion of the Court

Smith, J.:

This appeal presents the same questions as are presented in the motion of James & Co. v. Second Russian Ins. Co. (208 App. Div. 141), with the exception that in this action the defendant did not appear generally. In my opinion that exception can make no difference, because the court clearly has jurisdiction of the defendant, irrespective of such general appearance, and the order should be affirmed, with ten dollars costs and disbursements, upon the opinion in the case of James & Co. v. Second Russian Ins. Co. (supra), decided herewith.

Clarke, P. J., Merrell, Finch and Martin, JJ., concur.

Order affirmed, with ten dollars costs and disbursements, with leave to defendant to answer within twenty days from service of order upon payment of said costs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.