Bergen County Mutual Assurance Ass'n v. Cole
Supreme Court of New Jersey
Isaac I. Cole brought an action in this court against the Bergen County Mutual Assurance Association, on a policy of insurance issued by said company. The cause was tried at the Bergen Circuit, at April Term, 1856. Ou the trial the following facts appeared in evidence: The policy was dated December 8th, 1853, and issued for one year.
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Isaac I. Cole brought an action in this court against the Bergen County Mutual Assurance Association, on a policy of insurance issued by said company. The cause was tried at the Bergen Circuit, at April Term, 1856. Ou the trial the following facts appeared in evidence: The policy was dated December 8th, 1853, and issued for one year. On the first day of December, 1854, Simeon Zabriskie, who was then treasurer and secretary of the company, wrote a note to Cole, informing him that his policy would expire on the 8th, and requesting him to call and have it renewed. Cole did not call to get his…
1Opinion of the Court
The Chief Justice
delivered the opinion of the court.
One of the grounds assigned for setting aside the verdict, is the rejection upon the trial of competent testimony. The defendants called as witnesses their president and secretary, who were corporators and directors of the company. Their testimony was rejected, on the ground that they were parties to the action. The act of *3651855 (Nix. Dig. 887, § 26,) removes all disqualification on the score of interest. The only inquiry is, are the corporators parties, or is the corporation, the body politic, alone the party to the action. Different…
2Cases cited10 opinions
- Providence Bank v. BillingsSupreme Court of the United States · 1830
- Bank of the United States v. DeveauxSupreme Court of the United States · 1809
- Louisville, Cincinnati, & Charleston Rail-Road v. LetsonSupreme Court of the United States · 1844
- Marshall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1854
- Trustees of Watertown v. Cowen & BaggNew York Court of Chancery · 1834
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