Lancashire Insurance v. Maxwell
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made November 10,1890, which reversed a judgment in favor of plaintiff entered upon an order of the Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made November 10,1890, which reversed a judgment in favor of plaintiff entered upon an order of the Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. This is a case in which “ one or more ” persons may be made defendants, so as to represent and conclude the rights of a whole class, under section 448 of the Code. (Luling v. A. M. Ins. Co., 43 Barb. 510.) Plaintiffs are entitled to the relief asked for, provided the fund in…
1Opinion of the CourtPeckham, J.
Stated briefly the plaintiff, the insurance company, desires to withdraw from the custody and control of the defendant, the superintendent of insurance of this state, all the funds which such company has heretofore deposited with the defendant, over and above the sum of $200,000, which is the minimum amount provided for by law to be deposited with such superintendent by a foreign insurance company as a condition of doing business within this state. The question is primarily one of power on the part of the court to direct or permit such withdrawal upon any terms or conditions whatever. And…
2Cases cited2 opinions
- Ruggles v. . ChapmanNew York Court of Appeals · 1874
- Matter of Guardian Mutual Life Insurance CompanyNew York Court of Appeals · 1878
3Cited by5 opinions
- Hayne v. Metropolitan Trust Co.Supreme Court of Minnesota · 1897
- Glover v. St. Louis Mutual Bond Investment Co.Supreme Court of Missouri · 1897
- McMurray v. CommonwealthMassachusetts Supreme Judicial Court · 1924
- Maurer v. International Re-Insurance Corp.Court of Chancery of Delaware · 1934
- In re PeopleNew York Supreme Court · 1924