Jackson v. . Roberts
New York Court of Appeals
Appeal from judgment of Supreme Court. The action was brought to recover the amount due on a premium note made for $250 to the Union Insurance Company, payable at such time or times as the directors of the company might require, agreeably to their act of incorporation. The answer denied the allegations of the complaint, and, as a further defense, set up that the note was obtained on a misrepresentation as to the solvency of the company.
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Appeal from judgment of Supreme Court. The action was brought to recover the amount due on a premium note made for $250 to the Union Insurance Company, payable at such time or times as the directors of the company might require, agreeably to their act of incorporation. The answer denied the allegations of the complaint, and, as a further defense, set up that the note was obtained on a misrepresentation as to the solvency of the company. The cause was referred to the Hon. Ransom Balcom. On the trial, the plaintiff gave evidence tending to prove the making and delivery of the note; his…
1Opinion of the CourtWright, J.
There are no questions open for review, as the case is presented, unless in respect to the regularity of the assessment, and the notice required to be given of it. Indeed, it may be doubted whether the latter question is raised by any proper exception. On the trial, it is true, the receiver proved, under specific objections of the defendants, the publication of a notice of assessment in the Mohawk Valley Register, which is now conceded to have been defective, but which it is claimed was not required by any statute, or by the charter or by-laws of the company. An exception to the introduction…
2Cases cited1 opinion
- White v. HavensNew York Court of Appeals · 1860
3Cited by5 opinions
- Embree v. ShidelerIndiana Supreme Court · 1871
- Mutual Fire Insurance v. Phoenix Furniture Co.Michigan Supreme Court · 1895
- Clark v. Manufacturers' Mutual Fire InsuranceIndiana Supreme Court · 1892
- Mygatt v. New York Protection InsuranceNew York Court of Appeals · 1860
- Cabell & McGuire v. Southern Mut. Ins.Supreme Court of Virginia · 1886