Legal Opinion

Raegener v. Medicus

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1901Published

Appeal by the defendants, Henry W. Medicus and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 6th day of September, 1901, upon the decision of the court rendered after a trial before the court without a jury at the New York Trial Term.

1Opinion of the Court

Laughlin, J.:

The Equitable Mutual Fire Insurance Corporation of New York was duly incorporated as a mutual fire insurance company on the 7th day of April, 1894, pursuant to the provisions of the Insurance Law (Laws of 1892, chap. 690).

The action is brought to recover on a capital stock note made by the defendants prior to such incorporation and on the 8th day of February, 1894, whereby on demand they promised to pay to the order of the Equitable Mutual Fire Insurance Corporation, at its office in the city of New York, the sum of $400 for value received. It was expressly provided on the face…

2Cases cited6 opinions

  1. Wheeler v. . WarnerNew York Court of Appeals · 1872
  2. Savage v. . MedburyNew York Court of Appeals · 1859
  3. Raegener v. WillardAppellate Division of the Supreme Court of the State of New York · 1899
  4. Williams v. . TaylorNew York Court of Appeals · 1890
  5. Deraismes v. . the Merchants' Mutual Ins. Co.New York Court of Appeals · 1848

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