Thomas v. Whallon
New York Supreme Court
THE plaintiff sued as receiver of the Globe Insurance Company, a mutual company incorporated under the act of 1849, upon a premium note given by the defendant on effecting an insurance with the company. The complaint contained two counts; the first count was to recover the amount of two assessments made by the directors, before a receiver of the property and effects of the company was appointed. The second was for the amount of an assessment made by the receiver.
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THE plaintiff sued as receiver of the Globe Insurance Company, a mutual company incorporated under the act of 1849, upon a premium note given by the defendant on effecting an insurance with the company. The complaint contained two counts; the first count was to recover the amount of two assessments made by the directors, before a receiver of the property and effects of the company was appointed. The second was for the amount of an assessment made by the receiver. The cause was referred, and upon the trial the plaintiff put in evidence the order of the court, in pursuance of which he was…
1Opinion of the CourtW. F. Allen, J.
No evidence was given under the first count of the complaint, but the evidence was given and the recovery had under the second count, which avers the giving of the note in suit, payable in such portions and at such time or times as the directors of the said company should require; that on or about the 17th day of July, 1854, one John Brown was by an order of the court duly appointed receiver of said company; that said Brown, while possessed of the said notes and all other property of the company, as receiver, on the 13th day of June, 1855, on application duly made, procured an order of this…
2Cases cited3 opinions
- Wilson v. ConineNew York Supreme Court · 1807
- Herkimer County Mutual Insurance v. FullerNew York Supreme Court · 1852
- Stow v. WadleyNew York Supreme Court · 1811
3Cited by11 opinions
- Lycoming Fire Insurance ex rel. Beeber v. LangleyCourt of Appeals of Maryland · 1884
- Embree v. ShidelerIndiana Supreme Court · 1871
- Insurance Co. v. HydeTennessee Supreme Court · 1898
- Pacific Mutual Insurance v. GuseSupreme Court of Missouri · 1872
- American Insurance v. SchmidtSupreme Court of Iowa · 1865
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