Pardo v. Osgood
The Superior Court of New York City
Demurrer to answer. This action was brought by Moses Pardo, Jr., against George A. Osgood and Cyrus Curtis, receivers of the Columbian Insurance Co., upon a policy of insurance issued by the company before it became insolvent. Upon procuring the policy, the plaintiff gave his premium note to the company. On or before the 20th of January, 1866, a loss occurred on which the plaintiff claimed $2,252, and presented proof of the loss accordingly.
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Demurrer to answer. This action was brought by Moses Pardo, Jr., against George A. Osgood and Cyrus Curtis, receivers of the Columbian Insurance Co., upon a policy of insurance issued by the company before it became insolvent. Upon procuring the policy, the plaintiff gave his premium note to the company. On or before the 20th of January, 1866, a loss occurred on which the plaintiff claimed $2,252, and presented proof of the loss accordingly. The company became insolvent, and the company were appointed receivers on the 23d day of January, 1866. The proofs of loss were presented in March to the…
1Opinion of the CourtRobertson, C. J.
The answer in this case sets up as a bar to any set-offs of the plaintiff of any demand claimed by him that did not become due before the first publication of a notice therein set forth, corresponding with the one required by the Revised Statutes to be published by such a receiver as the defendants are (Vol. 2, p. 43, § 8; p. 469, § 70). They so claim it upon the grounds that by certain provisions of such statutes (2 Vol. 464; § 42, 469; § 72, 470, 74), a certain other provision thereof (2 Rev. Stat., 41, § 7), excluding set-offs of debts of debtors (established to be absent, absconding,…
2Cases cited13 opinions
- Myers v. . DavisNew York Court of Appeals · 1860
- Duncan v. LyonNew York Court of Chancery · 1818
- Fry v. BennettThe Superior Court of New York City · 1851
- Holbrook v. Receivers of the American Fire InsuranceNew York Court of Chancery · 1836
- Ward v. Van BokkelenNew York Court of Chancery · 1828
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