People, Ex Rel. Newcomb v. . McCall
New York Court of Appeals
Appeal from, order of the General Term of the Supreme Court, in the third judicial department, made September 29, 1883, which affirmed an order of Special Term, commanding that a writ of peremptory mandamus issue, directed to John A. McCall, Jr., as superintendent of the insurance department of the State of Mew York, requiring him to fix the compensation of Edward Mewcomb,'as receiver of the Atlantic Mutual Life Insurance Company.
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Appeal from, order of the General Term of the Supreme Court, in the third judicial department, made September 29, 1883, which affirmed an order of Special Term, commanding that a writ of peremptory mandamus issue, directed to John A. McCall, Jr., as superintendent of the insurance department of the State of Mew York, requiring him to fix the compensation of Edward Mewcomb,'as receiver of the Atlantic Mutual Life Insurance Company. The facts are sufficiently stated in the opinion. A statute ought to receive such construction as will best answer the intention of the makers. The title of an act…
1Opinion of the CourtEarl, J.
The relator was appointed receiver of the Atlantic Mutual Life Insurance Company, in July, 1877, under and in pursuance of chapter 902 of the Laws of 1869. The thirteenth section of that act provides that “ the compensation of the receiver under this act shall be fixed by the superintendent of the insurance department, and shall not exceed the sum of five per cent on the amount of the assets of such company, as shall come into his possession.” 'On the 11th day of April, 1883, the legislature passed an act, entitled “ An act in relation to receivers of corporations,” the second section of…
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