Montgomery v. Harker
North Dakota Supreme Court
Appeal from District Court, Richland County; Lauder, J. Action by George S. Montgomery, receiver of the Red River Valley Mutual Hail Insurance Company, against W. H. Harker. Judgment for plaintiff. Defendant appeals. Persons claiming to have organized themselves into a corporation under the general law are not free from having their claim attacked collaterally when no articles of association are filed.
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Appeal from District Court, Richland County; Lauder, J. Action by George S. Montgomery, receiver of the Red River Valley Mutual Hail Insurance Company, against W. H. Harker. Judgment for plaintiff. Defendant appeals. Persons claiming to have organized themselves into a corporation under the general law are not free from having their claim attacked collaterally when no articles of association are filed. Abbott v. Omaha Smelting Co., 4 Neb. 416; Childs v. Smith, 55 Barb. 45. The corporation is deemed to exist from the time the certificate of incorporation prescribed by statute is issued.…
1Opinion of the CourtYoung, J.
The plaintiff is the receiver of the Red River Valley Mutual Hail Insurance Company of North Dakota, a domestic insurance company organized in April, 1898, under chapter 14 of the Civil Code, with principal place of business at Wahpeton. Plaintiff was appointed receiver by the District Court of Richland county on December 29, 1899, in an action instituted in that court by the commissioner of insurance of this state, and immediately thereafter took possession of the assets of said corporation. A large portion of the assets consists of assessments levied upon the members of the corporation by…
2Cases cited4 opinions
- Davis v. Parcher & J. & A. Stewart Co.Wisconsin Supreme Court · 1892
- Mutual Benefit Life Insurance v. JarvisSupreme Court of Connecticut · 1852
- Covenant Mutual Benefit Ass'n v. BaldwinAppellate Court of Illinois · 1893
- McGowan v. Supreme Council of Catholic Mutual Benefit Ass'nNew York Supreme Court · 1894
3Cited by4 opinions
- Montgomery v. WhitbeckNorth Dakota Supreme Court · 1903
- Bach v. North Dakota Mutual Fire InsuranceNorth Dakota Supreme Court · 1928
- Montgomery v. HarkerNorth Dakota Supreme Court · 1900
- Security Improvement Co. v. Cass CountyNorth Dakota Supreme Court · 1900