Williams v. Babcock
New York Supreme Court
PPEAL by the plaintiff, from a judgment of nonsuit. The complaint alleged the organization of “ The New York State Mutual Insurance Company,” on the 18th of June, 1850, under the act to provide for the incorporation of insurance companies ; that on the M day of May, 1850, the defendant made application for insurance; that a policy was thereupon issued, dated May 3d, 1850 ; that a note was'given for such policy so dated, as its consideration, payable in such portions and at…
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PPEAL by the plaintiff, from a judgment of nonsuit. The complaint alleged the organization of “ The New York State Mutual Insurance Company,” on the 18th of June, 1850, under the act to provide for the incorporation of insurance companies ; that on the M day of May, 1850, the defendant made application for insurance; that a policy was thereupon issued, dated May 3d, 1850 ; that a note was'given for such policy so dated, as its consideration, payable in such portions and at such time or times as the directors of said company might, agreeably to their charter and by-laws, require. The complaint…
1Opinion of the Court
By the Court, Johnson, P. J.
The defense to this action, most insisted upon on the part of the defendant, rests upon two grounds. 1. That the note was given for an insurance policy which was executed and issued without any authority of Jaw, and is therefore void, and the note without consideration. 2. That there is nothing in the complaint, or the evidence, to show that any thing was due, and payable, upon the note, when the action was commenced.
1. The note is dated on the 3d of May, 1850, and shows upon its face, that it was given for value received, in policy of insurance Bo. 558, issued by…
2Cases cited1 opinion
- Devendorf v. BeardsleyNew York Supreme Court · 1857
3Cited by3 opinions
- Embree v. ShidelerIndiana Supreme Court · 1871
- Bell v. ShibleyNew York Supreme Court · 1861
- Hart v. AchillesNew York Supreme Court · 1858