Legal Opinion

Tuckerman v. . Brown

New York Court of Appeals

Decided September 5, 1865PublishedCited by 8 opinions

Appeal from judgment of Supreme Court. The action was brought by the receiver of the E. Y. Central Insurance Company (a corporation organized in 1851, under the general law of 1849), to recover the amount of a note in the following words: “ $1,400. For value received in policy 401, dated 1st April, 1851, issued by the Eew York Central Insurance Company, I promise to pay the said company, or their treasurer, for the time being, the sum of $1,400 in such portions and at such…

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Appeal from judgment of Supreme Court. The action was brought by the receiver of the E. Y. Central Insurance Company (a corporation organized in 1851, under the general law of 1849), to recover the amount of a note in the following words: “ $1,400. For value received in policy 401, dated 1st April, 1851, issued by the Eew York Central Insurance Company, I promise to pay the said company, or their treasurer, for the time being, the sum of $1,400 in such portions and at such time or times as the directors may, agreeably to their charter and by-laws require. Dated April 1st, 1851. (Signed)…

1Opinion of the CourtWeight, J.

The note on which the action is brought was made by the defendant for the purpose of assisting to form the Hew York Central Insurance Company, under the gen eral statute of 1849, providing for the incorporation of insurance companies. (Laws of 1849, ch. 308.) This, if not in terms admitted in the defendant’s answer, indisputably appeared by the evidence adduced on the trial. The preliminary steps had been taken, under the act in October, 1850, tó ' organize the company on the mutual plan of insurance. Notice of the declaration of intention to form 'the same had been given and the charter…

2Cases cited1 opinion

  1. White v. . HaightNew York Court of Appeals · 1857

3Cited by8 opinions

  1. Upton v. TribilcockSupreme Court of the United States · 1875
  2. Harrington v. ConnorNebraska Supreme Court · 1897
  3. Carnahan v. CampbellIndiana Supreme Court · 1902
  4. Mygatt v. New York Protection InsuranceNew York Court of Appeals · 1860
  5. Erskine v. PeckMissouri Court of Appeals · 1883

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