Jones v. Dana
New York Supreme Court
THIS action was brought by the above plaintiffs on behalf of themselves and all other makers of premium notes in the Utica Insurance Company, to set aside an assessment made by the receiver of said company, and for other relief. The first cause of action in the complaint alleged the following facts.
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THIS action was brought by the above plaintiffs on behalf of themselves and all other makers of premium notes in the Utica Insurance Company, to set aside an assessment made by the receiver of said company, and for other relief. The first cause of action in the complaint alleged the following facts. That the plaintiffs were makers of premium notes in the Utica Insurance Company, a company organized as a mutual insurance company under the general act of 1849; that the company was never organized pursuant to the statute and never became a corporation, in that the persons appointed by the…
1Opinion of the CourtW. F. Allen, J.
The demurrer is only to the first cause or ground of action alleged in the complaint, which is, that the Utica Insurance Company never became a valid corporation for any of the purposes of the organization, by reason of an omission on the part of the associates to comply with the precedent requirements of the statute; also by reason of an alleged fraud practiced upon the persons appointed by the comptroller to examine and ascertain whether the company was in possession of the engagements for insurance, to the full extent required by the act under which the company assumed to organize; and…
2Cases cited6 opinions
- McFarlan v. Triton InsuranceNew York Supreme Court · 1847
- Hamilton & Deansville Plank Road Co. v. RiceNew York Supreme Court · 1849
- Williams v. Bank of MichiganCourt for the Trial of Impeachments and Correction of Errors · 1831
- Fire Department of New-York v. KipNew York Supreme Court · 1833
- Utica Insurance v. TilmanNew York Supreme Court · 1828
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Dean v. DavisCalifornia Supreme Court · 1876
- Chesapeake & Ohio Ry. Co. v. Deepwater Ry. Co.West Virginia Supreme Court · 1905
- Miller v. Perris Irrigation Dist.U.S. Circuit Court for the District of Southern California · 1898
- Eppes v. Mississippi, Gainesville, & Tuskaloosa RailroadSupreme Court of Alabama · 1859
- Bank of Rome v. Village of RomeNew York Supreme Court · 1858
4 more not listed; retrieve them via the Exa API.