People Ex Rel. United States Grand Lodge v. Payn
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered October 7, 1899, affirming an order of Special Term directing that a peremptory writ of mandamus issue requiring the defendant, as superintendent of insurance of the state of New York, to file in his office the declaration of the relator respecting its rein cor p oration. The facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered October 7, 1899, affirming an order of Special Term directing that a peremptory writ of mandamus issue requiring the defendant, as superintendent of insurance of the state of New York, to file in his office the declaration of the relator respecting its rein cor p oration. The facts, so far as material, are stated in the opinion. It was the duty of the superintendent of insurance to decide whether the name adopted by the relator so nearly resembled that of another corporation as to be…
1Opinion of the CourtBartlett, J.
The facts in this casé are undisputed. ■ The relator has existed for many years as a mutual benefit fraternity ; it was organized as an unincorporated association in the year 1859, and so continued until March, 1888, when it was duly incorporated.
The company, desiring to reincorporate under the provisions of the Insurance Law, presented the proper papers to the superintendent of insurance in July, 1898, requesting him to obtain from the attorney-general the certificate of conformity and approval as required by law.
The superintendent shortly thereafter addressed a communication to the…
2Cited by5 opinions
- Gross v. StateAppellate Division of the Supreme Court of the State of New York · 1969
- Storey v. City of SeattleWashington Supreme Court · 1923
- Lloyd v. RamsaySupreme Court of Iowa · 1921
- Arizona Corp. Commission v. Heralds of LibertyArizona Supreme Court · 1916
- Barber Co. v. Department of StateAppellate Division of the Supreme Court of the State of New York · 1937