Bronson v. Tuthill
New York Court of Appeals
Action by receiver of an insurance company upon a premium note given by defendants. The defendants denied every allegation in the complaint, and set up fraud in the organization of the company and in procuring the premium note. The cause was referred to a sole referee, who reported in favor of the plaintiff, and judgment thereon was affirmed by the Supreme Court, and the defendants appeal.
1Opinion of the CourtPeckham, J.
The precise facts in the case are not stated, except in connection with the objections urged by the appellants. It is insisted that the motion for a nonsuit should have been granted, because there was no proof of a proper notice of the assessment upon the note, no proof of publi¿ation thereof in a newspaper the proper time before the same should be payable according to the by-laws, etc.
There was substantial proof of the proper publication, but the defendants made no objection before the referee of the insufficiency of the notice, and cannot therefore urge it here. It is also objected, that…
2Cited by1 opinion
- Howell v. Van SiclenNew York Supreme Court · 1875