Summary
In Wilcox v Mutual Life Ins. Co. of N.Y. (203 App. Div. 874, affd 235 N.Y. 590) the adulterous wife was held not to be a necessary party, but there an order of substitution under the statute had been obtained.
Summary of this case from Davis v. Travelers Ins Co.Opinion
October, 1922.
Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. This order is made, not in the exercise of any discretion, but on the ground that section 1761 of the Code of Civil Procedure deprived the petitioner of all interest in the policies in question, and that she is not a necessary or proper party to the action. All concur.