New York Court of Appeals

Emil Greeff, Respondent v. the Equitable Life Assurance Society of the United States, Appellant

October 3, 1899160 N.Y. 19

Summary

The Court affirmed the demurrer, holding that the plaintiff's complaint did not state sufficient facts to constitute a cause of action for recovery of the insurer's surplus, because the policy only granted a contingent equitable share subject to the directors' discretion and no bad faith was alleged.