Boland v. Whitman, Receiver of & Sinnissippi Insurance
Indiana Supreme Court
APPEAL from the Lawrence-Common Pleas, This was a suit by Whitman,,Eeceiver of the Sinnissippi Insurance Company, against J3olknd,.oni two -premium notes,, executed by him to said insurance company. The complaint is in two paragraphs.
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APPEAL from the Lawrence-Common Pleas, This was a suit by Whitman,,Eeceiver of the Sinnissippi Insurance Company, against J3olknd,.oni two -premium notes,, executed by him to said insurance company. The complaint is in two paragraphs. The first is> on a. premium-note executed on the 30th of September, 1864, as follows: “For value received in policy No. 1623, dated- the- 30th of September, 1864, issued by the Sinnissippi Insurance Company, I promise to pay the said company the sum of two hundred and forty dollars, in such portions, and at such time or times as the directors of said company…
1Opinion of the CourtElliott, J.
The ruling of the court upon the demurrer to the complaint raises the first question presented in» the case.
The only objection urged to the complaint is, that it is not' accompanied by a transcript of the decree of the Mariom Circuit Court in the case of Eoss and Cluggish against the* insurance company, by which the plaintiff" was appointed, receiver of the company and the assessment made on the*premium notes. The objection cannot be sustained.
The suit is founded on the premium notes, and not on -the decree of the Marion Circuit Court, within the purview -of the seventy-eighth section of the…
2Cited by5 opinions
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