Herkimer County Mutual Insurance v. Fuller
New York Supreme Court
This action was brought upon a premium note executed by the defendant to the plaintiffs, on effecting an insurance with them.
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This action was brought upon a premium note executed by the defendant to the plaintiffs, on effecting an insurance with them. The note was for $441, dated January 81, 1848. The complaint alledged that the directors of the plaintiffs’ company, having received notice of certain losses and damage by fire, and having ascertained the amount of such losses and damages, did, on the 19th day of November, 1849, “ settle and determine the sums to be paid by the several members thereof, as their respective proportions of such losses, and that the amount which the defendant thus became liable to pay, was…
1Opinion of the CourtHarris, J.
It was insisted by the counsel for the plaintiffs, on the argument, that the directors, having acquired jurisdiction by ascertaining the loss, acted judicially in making their assessment; that it was for them to determine whether an assessment was necessary, and if it was, upon what members it should be made, and how much should be paid by each. But I do not so understand the requirements of the plaintiffs’ charter. The 8th section of the act to incorporate the Jefferson Mutual Insurance Company, (Laws of 1836, p. 44,) the provisions of which are adopted in the plaintiffs’ charter, (Id. p.…
2Cited by11 opinions
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- Thomas v. WhallonNew York Supreme Court · 1857
- Pacific Mutual Insurance v. GuseSupreme Court of Missouri · 1872
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