SMITH v. ST. PAUL FIRE & MARINE INS. CO.

No. L-7579.

23 F.Supp. 420 (1938)

SMITH v. ST. PAUL FIRE & MARINE INS. CO.

District Court, E. D. New York.

April 28, 1938.


Attorney(s) appearing for the Case

William Otis Badger & Son, of New York City, for plaintiff.

Bigham, Englar, Jones & Houston, of New York City (John M. Aherne, of New York City, of counsel), for defendant.


GALSTON, District Judge.

In this action at law the plaintiff moves to strike out affirmative equitable defenses and equitable counterclaims.

From the pleadings it appears that Lewis C. Smith, the decedent, had been an agent of the defendant from December 5, 1931 to July 31, 1937, the date of his death. It is alleged that during the last illness of the decedent the defendant enlarged its agency contract with Smith by making Josephine N. Smith, the plaintiff...

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