Legal Opinion

Rand, McNally & Co. v. Mutual Fire Insurance

Appellate Court of Illinois

Decided May 16, 1895PublishedCited by 7 opinions

•Assumpsit, for assessments in a mutual insurance company; appeal from the Circuit Court of Cook County; the Hon, John Gibbons, Judge, presiding. Heard in this court at the March term, 1895; reversed and remanded unless a remittitur,is filed, etc. Statement of the Case. This was an action to recover an assessment made by order of court upon the members of a mutual insurance company.

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•Assumpsit, for assessments in a mutual insurance company; appeal from the Circuit Court of Cook County; the Hon, John Gibbons, Judge, presiding. Heard in this court at the March term, 1895; reversed and remanded unless a remittitur,is filed, etc. Statement of the Case. This was an action to recover an assessment made by order of court upon the members of a mutual insurance company. The member sued, a corporation, had given a note, of which the following is a copy: Chicago, III.,____....... 18.... For value received in policy Ho. 5713, dated the 22d day of March, 1889, we promise to pay to…

1Opinion of the Court

Mr. Presiding Justice Waterman

delivered the opinion of the Court.

It is first insisted by appellant that the receiver was hot legally appointed.

It is alleged in the declaration that in pursuance of the statute a petition was filed against the said Mutual Ins. Co.; that summons was duly served upon said company, and it , appeared and filed its answer to said petition; that thereafter in said cause a receiver was appointed. Such being the case we do not think that appellant can in the present suit contest the legality of the appointment of such receiver. The court had jurisdiction of the…

2Cited by7 opinions

  1. Parker v. Stoughton Mill Co.Wisconsin Supreme Court · 1895
  2. People ex rel. Palmer v. Central Mutual InsuranceAppellate Court of Illinois · 1942
  3. Mutual Fire Insurance v. Phoenix Furniture Co.Michigan Supreme Court · 1895
  4. Mallen v. LangworthyAppellate Court of Illinois · 1897
  5. Collins v. WelchMichigan Supreme Court · 1905

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