Hubbard v. Eames
New York Supreme Court
OTIOU by Henry W. Rathbone and other creditors of the ¿Etna Insurance Company, to set aside a judgment restraining the receiver of said company from collecting assessments made by him on the notes of the company, to pay the losses of said creditors in the cash department of said company. The grounds of the motion appear in the opinion.
1Opinion of the CourtW. F. Allen, J.
The iEtna Insurance Company was incorporated under the general laws of the state, authorizing the incorporation of companies for the business of insurance; and in proceedings by action in this court for the dissolution of the *600company, commenced by an officer and creditor, the defendant Barnes was appointed receiver of its property and effects, under the statute. The present applicants claim to be creditors of the company upon policies of insurance effected upon, and in consideration of, a premium paid in cash and upon the principle of insurance for cash premiums.
The plaintiffs claim that the…
2Cases cited1 opinion
- Davis & Palmer v. Mayor of New YorkThe Superior Court of New York City · 1853
3Cited by2 opinions
- Brooks & Cummings v. PeckNew York Supreme Court · 1862
- Sands v. ShoemakerNew York Court of Appeals · 1865