New York Board of Fire Underwriters v. Whipple & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Whipple & Co., as chief executive officer of the South and North American Lloyds, performing corresponding functions of a treasurer thereof,, from an interlocutory -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 26th day of November, 1895, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the defendant’s demurrer to the…
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Appeal by the defendant, Whipple & Co., as chief executive officer of the South and North American Lloyds, performing corresponding functions of a treasurer thereof,, from an interlocutory -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 26th day of November, 1895, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the defendant’s demurrer to the plaintiff’s complaint.
1Opinion of the Court
Rumsey, J.:. The action is brought pursuant to chapter 846 of the Laws of 1861, to recover a certain assessment levied upon the premiums received by the defendants for insurance issued in the city of New *363York. The defendant demurs to the complaint upon three grounds: First, that it does not state 'facts sufficient to constitute a cause of action, and that there is axlefect of parties defendant, for two reasons more particularly stated in the demurrer. As to the second and third grounds of demurrer, neither of them is well taken, for it does not 'appear upon the face of the complaint that the…
2Cases cited6 opinions
- Munn v. IllinoisSupreme Court of the United States · 1877
- People Ex Rel. City of Rochester v. BriggsNew York Court of Appeals · 1872
- People v. . BuddNew York Court of Appeals · 1889
- People Ex Rel. Carter v. . RiceNew York Court of Appeals · 1892
- People Ex Rel. Lee v. Board of SupervisorsNew York Court of Appeals · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Rhinehart v. StateTennessee Supreme Court · 1908
- Wallace v. ChildersSupreme Court of Oklahoma · 1947
- New York Board of Fire Underwriters v. Whipple & Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Fire Department v. StantonAppellate Division of the Supreme Court of the State of New York · 1898
- Fox v. Mohawk & Hudson River Humane SocietyNew York Supreme Court · 1897
3 more not listed; retrieve them via the Exa API.