Raegener v. Brockway
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Louis 0. Raegener, as receiver of the Equitable Mutual Eire Insurance Corporation of Hew York, from a judgment of the Supreme Court in favor of the defendants, entered in. the office of the clerk of the county of Hew York on the 11th day of June, 1900, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 18th day of June, 1900, denying the plaintiff’s motion for a new trial made…
Read the full summary
Appeal by the plaintiff, Louis 0. Raegener, as receiver of the Equitable Mutual Eire Insurance Corporation of Hew York, from a judgment of the Supreme Court in favor of the defendants, entered in. the office of the clerk of the county of Hew York on the 11th day of June, 1900, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 18th day of June, 1900, denying the plaintiff’s motion for a new trial made upon the minutes. The plaintiff, as the receiver of the Equitable Mutual Fire Insurance Company, brings this action…
1Opinion of the Court
Patterson, J.:
The learned trial judge in directing the verdict said: “ I think these defendants stand in a different relation from other persons who gave these stock notes. Under the will, in their representative capacity, they had power only to transact the business which was delegated to them, or which they were authorized to transact by the terms of the will. They had a right to effect insurance upon any of the property that was put in trade by them under the authority of the will. They would not have any authority to become stockholders in a company as an individual might; they could only…
2Cases cited2 opinions
- Yonkers Gazette Co. v. TaylorAppellate Division of the Supreme Court of the State of New York · 1898
- Raegener v. HubbardAppellate Division of the Supreme Court of the State of New York · 1899