Legal Opinion

New York Board of Fire Underwriters v. Whipple & Co.

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

Decided July 1, 1898PublishedCited by 8 opinions

Appeal by the plaintiff, The New York Board of Fire Underwriters, from a judgment of the Supreme Court in favor, of the defendant, entered in the office of the clerk of- the county of New York on the 1st day of February, 1898, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case, upon a trial before the court and a jury at the New York Trial ■Term, and also from an order entered in said clerk’s office on the 25th day of January,…

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Appeal by the plaintiff, The New York Board of Fire Underwriters, from a judgment of the Supreme Court in favor, of the defendant, entered in the office of the clerk of- the county of New York on the 1st day of February, 1898, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case, upon a trial before the court and a jury at the New York Trial ■Term, and also from an order entered in said clerk’s office on the 25th day of January, 1898, denying the plaintiff’s motion for a new trial made upon the minutes.

1Opinion of the Court

McLaughlin, J.:

This action was brought- to recover a certain assessment levied by the plaintiff on the premiums received by the New York and Chicago Lloyds, for insurance issued in the city of New York during the six months immediately preceding December 31, 1894, (Chap. 846, Laws of 1867.) It was brought against Whipple & Co. upon the ground that it was the chief executive officer performing the ■ duties corresponding to those of a treasurer of the New York and Chicago Lloyds, a voluntary unincorporated association. (Code Civ. Proc. § 1919.) The defendant interposed a demurrer to the com-.…

2Cases cited1 opinion

  1. New York Board of Fire Underwriters v. Whipple & Co.Appellate Division of the Supreme Court of the State of New York · 1896

3Cited by8 opinions

  1. Anti-Defamation League of B'nai B'rith v. Arab Anti-Defamation LeagueNew York Supreme Court · 1972
  2. Bobe v. LloydsCourt of Appeals for the Second Circuit · 1926
  3. In re the Arbitration between Pasch & Chemoleum Corp.New York Supreme Court · 1960
  4. Fine v. Interurban Street Railway Co.Appellate Terms of the Supreme Court of New York · 1904
  5. Thompson v. Colonial Assurance Co.New York Supreme Court · 1900

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