Legal Opinion

Trustees of Exempt Firemen's Benevolent Fund v. Roome

New York Court of Appeals

Decided October 2, 1883PublishedCited by 74 opinions

Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, in favor of plaintiff, entered upon an order made March 20, 1883, which directed judgment on a case submitted under section 1279 of the Code of Civil Procedure. The defendant was agent in the city of New York for certain foreign fire insurance companies.

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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, in favor of plaintiff, entered upon an order made March 20, 1883, which directed judgment on a case submitted under section 1279 of the Code of Civil Procedure. The defendant was agent in the city of New York for certain foreign fire insurance companies. He rendered to plaintiff’s treasurer an account of gross receipts by him as agent during the year 1881, for premiums for insurance by said companies on property in the city of New York. The question presented was whether defendant was liable to…

1Opinion of the CourtFinch, J.

This case submits for decision the constitutionality of the legislation which requires the agents of insurers, not incorporated under the law of the State, to pay annually, to the treasurer of the Exempt Firemen’s Benevolent Fund of the city of Hew York, a percentage upon the gross premiums received by them for insurance upon property in that city. The constitutional provisions which are alleged to have been violated are article 3, section 18: that “ the legislature shall not pass a private or local bill * * * granting to any private corporation, association or individual any exclusive…

2Cases cited4 opinions

  1. People Ex Rel. Westchester Fire Insurance v. DavenportNew York Court of Appeals · 1883
  2. The People v. . Fire Association of Phil'A.New York Court of Appeals · 1883
  3. The People v. . PinckneyNew York Court of Appeals · 1865
  4. People Ex Rel. Purdy v. Commissioners of Highways of the Town of MarlboroughNew York Court of Appeals · 1873

3Cited by74 opinions

  1. Woodall v. DarstWest Virginia Supreme Court · 1912
  2. Hunter v. Colfax Consolidated Coal Co.Supreme Court of Iowa · 1915
  3. People v. Westchester County National BankNew York Court of Appeals · 1921
  4. State ex rel. Haberlan v. LoveNebraska Supreme Court · 1911
  5. Phœnix Assurance Co. v. Fire DepartmentSupreme Court of Alabama · 1897

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