Lycoming Fire Insurance v. Medad Wright & Son
Supreme Court of Vermont
General and special assumpsit to recover assessments on premium notes. Pleas, general issue and four special pleas in bar. Heard on demurrer to the special pleas, March Term, 1883, Redfield, J., presiding. Demurrer overruled. The action was properly brought in the name of the company. Yeager v. Wallace, 44 Pa. St. 294 ; King v. Cutts, 24 Wis. 627. The receiver was a statutory assignee, and is authorized “ to prosecute and defend suits in the name of the corporation.”
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General and special assumpsit to recover assessments on premium notes. Pleas, general issue and four special pleas in bar. Heard on demurrer to the special pleas, March Term, 1883, Redfield, J., presiding. Demurrer overruled. The action was properly brought in the name of the company. Yeager v. Wallace, 44 Pa. St. 294 ; King v. Cutts, 24 Wis. 627. The receiver was a statutory assignee, and is authorized “ to prosecute and defend suits in the name of the corporation.” Rob.' Dig. 172 ; Cuykendall v. Miles, 26 Alb. L. Jour. 7. This receiver, an officer of the court of the State of Pennsylvania,…
1Opinion of the Court
The opinion of the court was delivered by
Royce, Ch. J.
The above cases were heard together. The first question made in argument is as to the right of the plaintiff to sue in its corporate name. When the receiver was appointed for the plaintiff, in 1881, there were statute laws in Pennsylvania, in which State the plaintiff corporation was located, which made it the duty of certain designated courts and judges, when it should be made to appear in the manner required by the statutes that any insurance company was insolvent, or the interests of the public so required, to decree a dissolution of…
2Cases cited4 opinions
- Ellis v. Boston, Hartford & Erie RailroadMassachusetts Supreme Judicial Court · 1871
- Taylor v. WeldMassachusetts Supreme Judicial Court · 1809
- Ralston v. StrongSupreme Court of Vermont · 1814
- Reed v. Windsor Co. Mutual Fire InsuranceSupreme Court of Vermont · 1882
3Cited by16 opinions
- Catlin v. Wilcox Silver-Plate Co.Indiana Supreme Court · 1890
- Hartford Fire Insurance v. RaymondMichigan Supreme Court · 1888
- Sands v. E. S. Greeley & Co.Court of Appeals for the Second Circuit · 1898
- White's Admrx. v. Central Vermont Railway Co.Supreme Court of Vermont · 1914
- Huffman v. Western Mortgage & Investment Co.Court of Appeals of Texas · 1896
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