Commonwealth v. Mechanics Mutual Fire Insurance
Massachusetts Supreme Judicial Court
Petition praying the court to examine and ratify two assessments made by the directors of the Mechanics’ Mutual Fire Insurance Company, an insolvent mutual fire insurance corporation which had been enjoined by this court, on the application of the insurance commissioner, from the further prosecution of its business.
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Petition praying the court to examine and ratify two assessments made by the directors of the Mechanics’ Mutual Fire Insurance Company, an insolvent mutual fire insurance corporation which had been enjoined by this court, on the application of the insurance commissioner, from the further prosecution of its business. The assessments were referred to an auditor, from whose report it appeared that the directors had voted “ That "an assessment of fifty per cent, of premium and deposit be laid on all policies outstanding on the ninth and tenth days of November, 1872,” and had further voted “ That…
1Opinion of the CourtWells, J.
The St. of 1863, o. 249, § 3, requires that an assessment, when brought before the court for examination, “ shall be referred to an auditor,” who shall “ report upon the correctness of said assessment or call, and all matters connected therewith.” His report is apparently intended to furnish to the court the means and information by which to pass upon the questions submitted for determination. Although called an “ auditor,” his report is not merely primd facie evidence, as in ordinary cases at law; but rather like that of a master in chancery.
All parties had full opportunity to be heard…
2Cited by5 opinions
- McArthur Bro's v. CommonwealthMassachusetts Supreme Judicial Court · 1908
- Commonwealth v. Massachusetts Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1875
- Union Mutual Casualty Insurance v. Insurance Budget Plan, Inc.Massachusetts Supreme Judicial Court · 1935
- Craig v. Western Life InsuranceMissouri Court of Appeals · 1909
- Mutual Security Co. v. Sidney Blumenthal & Co.Supreme Court of Connecticut · 1913