Swing v. Engle
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Albert A. Engle, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 24th day of March, 1910, upon the verdict of a jury rendered by direction of the court.
1Opinion of the Court
Kruse, J.: ■
The action is brought to recover upon the defendant’s liability as a policyholder in a mutual fire insurance company organized under the laws of the State of Ohio. The Supreme Court of that State dissolved the corporation, appointed the plaintiff a trustee for the creditors and stockholders, and directed him to collect the assessments made against the policyholders. While the judgment of the Ohio court is conclusive as to the necessity and amount of the assessment, it is not as to the defendant’s liability since he was not a party to the proceedings in the Ohio court. (Swing v.…
2Cases cited4 opinions
- Swing v. St. Louis Refrigerator & Wooden Gutter Co.Supreme Court of Arkansas · 1906
- Swing v. Red River Lumber Co.Supreme Court of Minnesota · 1908
- Thompson v. . WittkopNew York Court of Appeals · 1906
- Swing v. MooneyAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by3 opinions
- Conway v. KauppNew York Supreme Court · 1931
- Kelly v. BremmermanAppellate Division of the Supreme Court of the State of New York · 1965
- Yeshiva University v. EdelmanNew York Supreme Court · 1958