Hyatt v. Whipple
New York Supreme Court
THIS is an appeal from, a judgment recovered by the plaintiff at the Rensselaer circuit in October, 1861, before Justice G-ould and a jury. It appeared on the trial that the plaintiff was appointed receiver of “ The Rensselaer Insurance Company,” and that the company was originally, in 1836, incorporated under the name of “ The Rensselaer County Mutual Insurance Company.”
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THIS is an appeal from, a judgment recovered by the plaintiff at the Rensselaer circuit in October, 1861, before Justice G-ould and a jury. It appeared on the trial that the plaintiff was appointed receiver of “ The Rensselaer Insurance Company,” and that the company was originally, in 1836, incorporated under the name of “ The Rensselaer County Mutual Insurance Company.” That in October, 1851, the company extended its charter, under the act of 1849, and changed its corporate name. The defendants were insured in the company after its charter was so extended. The amount of the premium note was…
1Opinion of the Court
By the Court,
Peckham, J.
In a suit of this nature, on a premium note, as between the company and one of its members, I think the existence of the corporation is sufficiently established. The legislature, under the reserved right to do so, allowed this charter to be altered. The principles *597involved in questions touching the obligation of contracts and their abrogation do not apply here. This right to change was substantially in the charter—was a part of the contract on both sides, assented to by each of its members. The mode of expressing.the assent of the company to the change was a matter of…
2Cases cited3 opinions
- Northern Railroad v. MillerNew York Supreme Court · 1851
- Courtney v. BakerNew York Court of Appeals · 1875
- Otis v. HarrisonNew York Supreme Court · 1862
3Cited by5 opinions
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- Wright v. Knights of the Maccabees of the WorldNew York Supreme Court · 1905
- City of New Orleans v. St. Anna's AsylumSupreme Court of Louisiana · 1879
- County of Santa Clara v. Southern Pac. R. Co.United States Circuit Court · 1883
- Harper v. AmptOhio Supreme Court · 1877