Legal Opinion

Swing v. Dayton

Appellate Division of the Supreme Court of the State of New York

Decided January 8, 1908PublishedCited by 9 opinions

Appeal by the plaintiff, James B. Swing, as trustee, etc,, from a . judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county, of Chemung on the 9th day-of January, 1907, upon the décision of the court, rendered after a trial, at the Chemung Trial 'Term, dismissing .the complaint upon the merits, a jury having been waived,

1Opinion of the Court

COOHKANE, J. :

The plaintiff,' as trustee for the creditors of a dissolved Ohio mutual fire insurance company, brings this action against a citizen of Pennsylvania to recover an assessment decreed by the Ohio courts against him as a member of such company.'

The defendant’s insurance, by virtue of which he became a member of-said company, was first solicited of" him in. the State of his residence by a representative of the company who personally visited *59him for that purpose. Mo arrangement was made with this representative, but the subsequent parts of the transaction were conducted by…

2Cases cited4 opinions

  1. The Oneida Bank v. . the Ontario BankNew York Court of Appeals · 1860
  2. Barton v. Port Jackson & Union Falls Plank Road Co.New York Supreme Court · 1854
  3. Horton v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1901
  4. South Bay Co. v. HoweyAppellate Division of the Supreme Court of the State of New York · 1906

3Cited by9 opinions

  1. Sturm v. TrubyAppellate Division of the Supreme Court of the State of New York · 1935
  2. Camp-of-the-Pines, Inc. v. New York Times Co.New York Supreme Court · 1945
  3. McClement v. Supreme CourtNew York Supreme Court · 1914
  4. Kelly v. BremmermanAppellate Division of the Supreme Court of the State of New York · 1965
  5. American Special Risk Insurance v. Delta America Re InsuranceDistrict Court, S.D. New York · 1993

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