Legal Opinion

Chubb v. Upton

Supreme Court of the United States

Decided December 17, 1877No. 124PublishedCited by 90 opinions

Ebbob, to the Circuit Court .of the United States for the Western District of Michigan. Upton, as assignee-in bankruptcy of the Great Western Insurance Company, a corporation organized under the laws ■ of Illinois, brought this suit against Chubb.

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Ebbob, to the Circuit Court .of the United States for the Western District of Michigan. Upton, as assignee-in bankruptcy of the Great Western Insurance Company, a corporation organized under the laws ■ of Illinois, brought this suit against Chubb. The company was originally chartered by the legislature in 1857. In 1870, acting under the general laws of that State authorizing insurance companies to increase their capital stock, the directors and stockholders of the company took measures to increase its-capital stock, and’filed their papers for that purpose with the secretary of state, and the…

1Opinion of the CourtJustice Hunt

The numerous questions raised' upon the trial of this action depend upon a few general principlés which are not difficult. of- application.

It is settled by the decisions of the courts of the’United States and by the decision of many of the State courts that one who contracts with an acting corporation cannot defend himself against a claim on such contract, in a suit by the corporation, by alleging the irregularity of its organization. This was settled more than a. half a century since in the courts of the State’ of New York, and has recently been affirmed in this court. Dutchess Collar…

2Cases cited6 opinions

  1. Upton v. TribilcockSupreme Court of the United States · 1875
  2. Sanger v. UptonSupreme Court of the United States · 1875
  3. Ogilvie v. Knox Insurance Co.Supreme Court of the United States · 1860
  4. Methodist Episcopal Union Church v. . PickettNew York Court of Appeals · 1859
  5. The Buffalo and Allegany Railroad Company v. . CaryNew York Court of Appeals · 1862

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3Cited by90 opinions

  1. Handley v. StutzSupreme Court of the United States · 1891
  2. McCormick v. Market BankSupreme Court of the United States · 1897
  3. Clark v. BeverSupreme Court of the United States · 1891
  4. Martin v. South Salem Land Co.Supreme Court of Virginia · 1896
  5. Cunningham v. Commissioner of BanksMassachusetts Supreme Judicial Court · 1924

85 more not listed; retrieve them via the Exa API.

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