Legal Opinion

Russell v. O'Donoghue

U.S. Circuit Court for the District of Southern New York

Decided March 30, 1910Published

Actions by. Russell and another, receivers of the Mutual Reserve Life Insurance Company, against one O’Donoghue, against one Gallert, against one Dempsey, and against one Ritchie. On demurrers to the complaint.

1Opinion of the Court

WARD, Circuit Judge.

These are demurrers to the complaints in four actions at law brought by the receivers of the Mutual Reserve Life Insurance Company for the purpose of determining whether the certificate holders are personally liable for assessments. The four certificates in question represent four different classes of insured, and the cases are test cases. December 16, 1907, the directors of the company, it then being in point of fact insolvent, adopted a resolution levying an assessment on all holders of its certificates subject to assessment, payable within 30 days from January 1, 1908.…

2Cases cited6 opinions

  1. In Re the Equitable Reserve Fund Life Ass'nNew York Court of Appeals · 1892
  2. Wright v. Knights of the MacCabees of the WorldNew York Court of Appeals · 1909
  3. Dowdall v. Supreme Council of the Catholic Mutual Benefit Ass'nNew York Court of Appeals · 1909
  4. In re Protection Life Ins.U.S. Circuit Court for the Northern District of Illnois · 1879
  5. People v. Grand Lodge of the Empire Order of Mutual AidNew York Court of Appeals · 1898

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