Legal Opinion

McCarter v. Firemen's Insurance

Supreme Court of New Jersey

Decided June 14, 1909PublishedCited by 24 opinions

On appeal from a decree advised by Vice-Chancellor Stevens,, whose opinion is reported in 70 N. J. Eq. (4 Robb.) 291. The decree of the court of chancery dismissed an information filed by the attorney-general against eight domestic fire insurance companies and one hundred and thirteen foreign fire insurance companies praying for a decree adjudging a certain agreement in writing entered into by the defendants to be void as an ultra vires act injurious to the public, and that…

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On appeal from a decree advised by Vice-Chancellor Stevens,, whose opinion is reported in 70 N. J. Eq. (4 Robb.) 291. The decree of the court of chancery dismissed an information filed by the attorney-general against eight domestic fire insurance companies and one hundred and thirteen foreign fire insurance companies praying for a decree adjudging a certain agreement in writing entered into by the defendants to be void as an ultra vires act injurious to the public, and that the said companies be enjoined from continuing to act under such agreement.. The contract in question which was annexed…

1Opinion of the Court

*375The opinion of the court was delivered by

Garrison, J.

The learned vice-chancellor, who advised'that the information filed by the attorney-general be dismissed on the ground that the court of chancery could not give relief in such a suit, said at the conclusion of his opinion : “If those corporations were public or gtiosi-public bodies, and if the attorney-general were here asking to enjoin them from doing ultra vires acts to the public injury as in Attorney-General v. Central Railroad Co., 50 N. J. Eq. (5 Dick.) 52, the case would be different.”

We agree with the learned vice-chancellor as to…

2Cited by24 opinions

  1. Speegle v. Board of Fire UnderwritersCalifornia Supreme Court · 1946
  2. Sheeran v. Nationwide Mutual Insurance Company, Inc.Supreme Court of New Jersey · 1979
  3. Group Health Cooperative v. King County Medical SocietyWashington Supreme Court · 1951
  4. Reynolds Metals Co. v. Metals Disintegrating Co.Court of Appeals for the Third Circuit · 1949
  5. Automobile Trade Ass'n v. Insurance CommissionerCourt of Appeals of Maryland · 1981

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