Cabell & McGuire v. Southern Mut. Ins.
Supreme Court of Virginia
Appeal from chancery court of Richmond. The Southern Mutual Insurance Company was chartered in 1868, with “power to make insurances of any kind in the fire, marine, tornado, or life line, on the mutual and cash plan. ’! The fourth section of its charter gave it £ ‘power to receive premium or deposit notes from those who effected insurances, which shall be paid at such time or times, and in such sum or sums, as the directors may require to pay the expenses and losses of the…
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Appeal from chancery court of Richmond. The Southern Mutual Insurance Company was chartered in 1868, with “power to make insurances of any kind in the fire, marine, tornado, or life line, on the mutual and cash plan. ’! The fourth section of its charter gave it £ ‘power to receive premium or deposit notes from those who effected insurances, which shall be paid at such time or times, and in such sum or sums, as the directors may require to pay the expenses and losses of the company. ’ ’ The fifth section provided that if any member should fail to pay any assessment for thirty days after…
1Opinion of the CourtLacy, J.
The first question raised here is as to the jurisdiction of the court. The aggregate of the claims of the plaintiffs, the appellants here, exceeds the sum of $500. Each claim against the numerous defendants is less than that sum. The aggregate of all the claims is the, plaintiffs’ demand against all the defendants. This is the matter in controversy, and the right of the plaintiff to appeal when his bill is dismissed is clear. Winchester and Strasburg R. R. Co. v. Colfelt, 27 Gratt. 780; Gage v. Crockett, 27 Gratt. 736; Campbell v. Smith, 32 Gratt. 290; McCrowell v. Burson, 79 Va. 301, 302,…
2Cases cited6 opinions
- Upton v. TribilcockSupreme Court of the United States · 1875
- Campbell v. SmithSupreme Court of Virginia · 1879
- McCrowell v. BursonSupreme Court of Virginia · 1884
- Jackson v. . RobertsNew York Court of Appeals · 1865
- Atkinson v. McCormickSupreme Court of Virginia · 1882
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