Hyatt v. Wait & Simmons
New York Supreme Court
THIS action was brought by the plaintiff as receiver of the Rensselaer Insurance Company, against the defendants, to recover the amount of a premium note for $350, given by them to said company, and dated the 25th day of April, 1850. It was tried by the court, (Judge Hogeboom,) with-0 out a jury, at the Rensselaer circuit, in February, 1861, upon a statement of facts agreed on, in writing, signed by the attorneys of the respective parties, of which the following is a copy:…
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THIS action was brought by the plaintiff as receiver of the Rensselaer Insurance Company, against the defendants, to recover the amount of a premium note for $350, given by them to said company, and dated the 25th day of April, 1850. It was tried by the court, (Judge Hogeboom,) with-0 out a jury, at the Rensselaer circuit, in February, 1861, upon a statement of facts agreed on, in writing, signed by the attorneys of the respective parties, of which the following is a copy: “We stipulate to admit on the trial of this action the organization and reorganization of the Rensselaer Insurance…
1Opinion of the CourtHogeboom, J.
The plaintiff brings this suit to recover of the defendants, as members of the Eensselaer County Mutual Insurance Company, the amount due on a premium or deposit note signed by them for §350, which on its face is payable in such portions and at such times as the directors may require. The complaint alleges a proper assessment for losses incurred, and the neglect of the defendants to pay the same. Ho question is made but that the plaintiff, in these respects, has made the necessary averments and proof, and is entitled to recover, unless the defense relied on can be sustained.
That defense is,…
2Cases cited4 opinions
- Frost v. Saratoga Mutual InsuranceNew York Supreme Court · 1848
- Howard v. Albany InsuranceNew York Supreme Court · 1846
- Bangs v. McIntoshNew York Supreme Court · 1857
- Huntley v. BeecherNew York Supreme Court · 1859
3Cited by11 opinions
- Rottkamp v. EgerNew York Supreme Court · 1973
- State ex rel. DeBuys v. Judges of Civil District CourtSupreme Court of Louisiana · 1880
- Columbia Insurance v. BuckleySupreme Court of Pennsylvania · 1877
- Van Horn v. B., C. R. & N. R'y Co.Supreme Court of Iowa · 1882
- Morris v. GreenAppellate Division of the Supreme Court of the State of New York · 1901
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