Berry v. Brett
The Superior Court of New York City
This case came before the Court upon a submission of a controversy, without action, pursuant to section 372 of the Code of Procedure. The case containing the facts agreed upon by the parties was authenticated in due form, and was as follows, viz.: “ The parties to this controversy hereby mutually agree upon and submit to this Court the following statement of facts: “jFirst.
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This case came before the Court upon a submission of a controversy, without action, pursuant to section 372 of the Code of Procedure. The case containing the facts agreed upon by the parties was authenticated in due form, and was as follows, viz.: “ The parties to this controversy hereby mutually agree upon and submit to this Court the following statement of facts: “jFirst. That the Atlas Mutual Insurance Company was a Corporation, carrying on business in the city of New York, duly chartered and organized under an act, entitled, ‘ An Act to Incorporate the Atlas Mutual Insurance Company,’…
1ConcurrenceWoodruff, J.
I concur with Mr. Justice Robertson in his conclusion that if an action had been prosecuted by the payees of the note in question, the Atlas Mutual Insurance Company, the defendants would have been entitled, to set off against the note, their claim against the Company for losses which had been adjusted and fully liquidated before the note became payable. And that such right of set-off would not have been defeated nor affected by proof that the Company was insolvent and could not pay other debts and claims for losses in full.
And I entertain this opinion without deeming it necessary to…
2Cases cited5 opinions
- Reab v. McAlisterCourt for the Trial of Impeachments and Correction of Errors · 1831
- Holbrook v. Receivers of the American Fire InsuranceNew York Court of Chancery · 1836
- Butts v. CollinsCourt for the Trial of Impeachments and Correction of Errors · 1834
- Miller v. Receiver of the Franklin BankNew York Court of Chancery · 1829
- Osborn v. EtheridgeNew York Supreme Court · 1835