Legal Opinion

Way v. Billings

Michigan Supreme Court

Decided January 15, 1852PublishedCited by 3 opinions

Case reserved by the County Judge of Lenawee County, upon motion to set aside a non-suit, and for a new trial. Tliis ease was brought in tbe Lenawee County Court, upon a promissory note given by tbe defendant to tbe Marshall Mutual Insurance Company,, in consideration of Policy No. 641, issued by said company to defendant, dated October 26, 1848. Tbe declaration set forth tbe promissory note, application, policy of insurance, loss by fire, an assessment made by order of the…

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Case reserved by the County Judge of Lenawee County, upon motion to set aside a non-suit, and for a new trial. Tliis ease was brought in tbe Lenawee County Court, upon a promissory note given by tbe defendant to tbe Marshall Mutual Insurance Company,, in consideration of Policy No. 641, issued by said company to defendant, dated October 26, 1848. Tbe declaration set forth tbe promissory note, application, policy of insurance, loss by fire, an assessment made by order of the Court of Chancery, tbe dissolution of tbe corporation, and tbe appointment of plaintiff as receiver, Ac. Plea, general…

1Opinion of the Court

By the Court, Martin, J.

Tlie testimony exhibited on the trial of this cause was sufficient to prove the existence of the Marshall Mutual Insurance Company; (See Cahill vs. Kal. Mut. Ins. Co., 2 Doug., 124; Henriques vs. Dutch West India Co., 2 Ld. Raym, 1535; Den vs. Van Hauten, 5 Halst, 270; Congreg. Soc. vs. Perry, 6. N. Hamp. 164; All Saints’ Church vs. Lovett, 1 Hall, N. Y., 191; Johns vs. Farm, & Mech’s. Bank, 2 Blackf., 367;) and also, the application of the defendant for insurance of his property, and the execution and delivery of the premium note.

The admission of the defendant in that…

2Cases cited2 opinions

  1. John v. Farmers & Mechanics' BankIndiana Supreme Court · 1830
  2. Cahill v. Kalamazoo Mutual InsuranceMichigan Supreme Court · 1845

3Cited by3 opinions

  1. Swartwout v. Michigan Air Line RailroadMichigan Supreme Court · 1872
  2. Chesapeake & Ohio Ry. Co. v. Deepwater Ry. Co.West Virginia Supreme Court · 1905
  3. Hogan v. ShermanMichigan Supreme Court · 1858

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