Smith v. Bown
New York Supreme Court
Submission without action of a controversy between Frederick W. Smith, executor, as plaintiff, and George G. Bown, as defendant, under Code Civil Proc. § 1279. Judgment for plaintiff.
1Opinion of the CourtDwight, P. J.
The controversy here submitted is between the receiver of a dissolved co-operative assessment insurance company, organized under chapter 175 of the Laws of 1883, and one of its members, and presents the question whether by becoming such member the defendant contracted a liability to pay dues and assessments, which .can be enforced at law; or whether, on the other hand, his liability was limited to a forfeiture of his membership on his neglect or refusal to pay. The question, of course, is one of con*12tract, and the inquiry is, what was the contract between the parties? The only reported case in…
2Cases cited1 opinion
- In re Globe Mutual Benefit Ass'nNew York Supreme Court · 1892
3Cited by3 opinions
- Redmond v. Industrial Benefit Ass'nNew York Supreme Court · 1894
- Calkins v. AngellMichigan Supreme Court · 1900
- Wissert v. Farmers' Fire Relief Ass'nOregon Supreme Court · 1935