Legal Opinion

People v. . Formosa

New York Court of Appeals

Decided March 15, 1892PublishedCited by 34 opinions

Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 23, 1891, which affirmed a judgment entered upon a verdict convicting the defendant of the crime of unlawfully paying and allowing a rebate of premium upon a life insurance policy in violation of the act of 1889 (Chap. 282, Laws of 1889). The facts, so far as material, are stated in the opinion.

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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 23, 1891, which affirmed a judgment entered upon a verdict convicting the defendant of the crime of unlawfully paying and allowing a rebate of premium upon a life insurance policy in violation of the act of 1889 (Chap. 282, Laws of 1889). The facts, so far as material, are stated in the opinion. The judgment should be reversed because there is no evidence that the Rational Life Insurance Company of Montpelier, Vermont, is a corporation as charged in the…

1Opinion of the Court

Earl, Ch. J.

In 1889, the defendant was the agent at Rochester of the Rational Life- Insurance Company, of Montpelier, Vermont, a corporation organized under the laws of that state and doing business in this state. He was indicted, tried and convicted under the act, chapter 282 of the Laws of 1889, for paying and allowing to] one Graves, as an inducement to him to insure his life in that company for $3,000, a rebate of fifteen per cent on the first year’s premium. The defendant assails the judgment of conviction upon various grounds.

He was indicted on the 30th day of October, 1890, and the…

2Cases cited1 opinion

  1. People v. . JohnsonNew York Court of Appeals · 1887

3Cited by34 opinions

  1. People v. . WiechersNew York Court of Appeals · 1904
  2. Blue Cross & Blue Shield v. McCallNew York Court of Appeals · 1996
  3. In re the PeopleNew York Supreme Court · 1951
  4. Dunbarton Flax Spinning Co. v. Greenwich & Johnsville RailwayAppellate Division of the Supreme Court of the State of New York · 1903
  5. Health Insurance Ass'n of America v. CorcoranAppellate Division of the Supreme Court of the State of New York · 1990

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