People v. Commercial Alliance Life Insurance
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made December 18, 1895, which reversed an order of Special Term directing the receiver of the Commercial Alliance Life Insurance Company to pay appellants an allowance, fixed by the court, for their services as attorneys and counsel in the defense of proceedings to dissolve the corporation and for the appointment of a receiver.
Read the full summary
Appeal from order of the General Term of the Supreme Court in the first judicial department, made December 18, 1895, which reversed an order of Special Term directing the receiver of the Commercial Alliance Life Insurance Company to pay appellants an allowance, fixed by the court, for their services as attorneys and counsel in the defense of proceedings to dissolve the corporation and for the appointment of a receiver. The order of the General Term is appealable to this court. (Snyder v. Snyder, 96 N. Y. 88; Tolman v. S. B. & N. Y. R. R. Co., 92 N. Y. 353; In re Holbrook, 99 N. Y. 543;…
1Opinion of the Court
Andrews, Ch. J.
The case of Barnes v. Newcomb (89 N. Y. 108) is an authority for the proposition that a court of primary jurisdiction in the exercise of its discretion may authorize the receiver of an insolvent corporation, appointed in an action brought for its dissolution, which was defended in good faith by the corporation, though unsuccessfully; to-pay as a preferred claim out of the fund in his hands, a reasonable sum for the compensation of counsel employed by the corporation in defending the action. The principle upon which an allowance in such case may be made is that counsel fees are…
2Cases cited2 opinions
- Barnes v. . NewcombNew York Court of Appeals · 1882
- Attorney-General v. North American Life InsuranceNew York Court of Appeals · 1883
3Cited by14 opinions
- Anderson v. Great Republic Life Insurance Co.California Court of Appeal · 1940
- People Ex Rel. Schacht v. MAIN INSUR. CO.Appellate Court of Illinois · 1983
- Watson v. JohnsonWashington Supreme Court · 1933
- O'Malley v. Continental Life InsuranceSupreme Court of Missouri · 1938
- Esarey v. Pierson, Rec.Indiana Court of Appeals · 1923
9 more not listed; retrieve them via the Exa API.