White v. Havens
New York Court of Appeals
Justus White, receiver of the Union Ins. Company, sued. Dexter E. Havens, in the supreme court, on defendants’ premium note. The only point made by the defense was that it ivas illegal to assess the note for losses arising on policies based on cash advance premiums, for which no premium note had been made.
1Opinion of the CourtWeight, J.
The case of Mygatt v. N. Y. Protection Ins. Co., 21 N. Y. 52, is decisive of the present one. That case turned upon the legality of the act of a company organized under the act of 1849, c. 308, in issuing policies of insurance in part for cash premiums, advanced in full for insurance, and *583in lien of premium notes. This court was of the opinion that there was nothing in the act of 1849, either in terms, or in its design or intention, which prohibited a company, formed on what is called the mutual principle, from issuing policies on the receipt of cash premiums, if its charter and by-laws…
2Cases cited1 opinion
- Mygatt v. . New York Protection Insurance CompanyNew York Court of Appeals · 1860
3Cited by6 opinions
- Hill v. BakerMassachusetts Supreme Judicial Court · 1910
- Schimpf v. Lehigh Valley Mutual InsuranceSupreme Court of Pennsylvania · 1878
- Cooper v. ShaverNew York Supreme Court · 1862
- Jackson v. . RobertsNew York Court of Appeals · 1865
- Raegener v. WillardAppellate Division of the Supreme Court of the State of New York · 1899
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