Legal Opinion

Williams v. Lakey

New York Supreme Court

Decided May 15, 1857PublishedCited by 2 opinions

Demurrer to complaint. The action was upon premium notes. The complaint set out the notes and an order directing the receiver to sue for the whole premium notes of the company. Defendants demurred to the complaint.

1Opinion of the Court

E. Darwin Smith, Justice.

The complaint in each of these cases, sets up a note payable “ in such portions and at such time or times as the directors of said company may agreeably to them charter and by-laws require.” The complaint in each case also states, that the plaintiff as receiver, &c., was by an order of this court made at special term, at Batavia, June 14th, 1856, ordered and directed to sue for and collect the whole unpaid balance of the said premiums, as required for the payment of the losses and expenses of the company.

To these complaints there are demurrers for that they do not…

2Cases cited1 opinion

  1. Hurlbut v. CarterNew York Supreme Court · 1855

3Cited by2 opinions

  1. Savage v. . MedburyNew York Court of Appeals · 1859
  2. Savage v. MedburyNew York Court of Appeals · 1859

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