Sands v. Shoemaker
New York Court of Appeals
Willliam G. Sands, as receiver of the .¿Etna Insurance Company, sued Smith Shoemaker in the supreme court, on a premium note for three hundred and twenty-five dollars, which defendant had given to that company on an insurance of one thousand dollars for three years.
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Willliam G. Sands, as receiver of the .¿Etna Insurance Company, sued Smith Shoemaker in the supreme court, on a premium note for three hundred and twenty-five dollars, which defendant had given to that company on an insurance of one thousand dollars for three years. He also sued Charles St. John and Nelson Birdsall on a, premium note for four hundred and twenty dollars, given to the company on their organization, and payable in such portions, &c., as the directors might require. In the latter action the same note was also alleged, as a separate cause of action, as having been given for…
1Opinion of the CourtDavis, J.
[Delivered the following opinion in the case of Sands v. Shoemaker.]—In Sands v. Sanders, 26 N. Y. 239, the question of the validity of the assessments made by the receivers of the JStna Insurance Company of Utica, was presented to, and passed upon, by this court. Upon the question whether an action could be sustained on the basis of the assessment made by receiver Eames, the court were equally divided; foin* of the,judges being of opinion that the want of publication of notice of such assessment, in three newspapers of Oneida County, pursuant to the by-laws of the company, was fatal to a…
2Cases cited2 opinions
- Sands v. . SandersNew York Court of Appeals · 1863
- Hubbard v. EamesNew York Supreme Court · 1856