Sands v. . Kimbark
New York Court of Appeals
Appeal from the Supreme Court. This was a proceeding under the act of April 21, 1862, entitled “ An act to facilitate the closing up of insolvent and dissolved mutual insurance companies,” to'recover the amount of a premium note made by David Kimbark, which had been assessed for losses to its full amount. The receiver, upon notice, procured the appointment of a referee, for the purpose and in the manner provided in the statute.
Read the full summary
Appeal from the Supreme Court. This was a proceeding under the act of April 21, 1862, entitled “ An act to facilitate the closing up of insolvent and dissolved mutual insurance companies,” to'recover the amount of a premium note made by David Kimbark, which had been assessed for losses to its full amount. The receiver, upon notice, procured the appointment of a referee, for the purpose and in the manner provided in the statute. The referee heard the proofs and allegations of the parties upon written pleadings, the defendants objecting in due time and manner, that the act under which the…
1Opinion of the Court
The defendants claim that they were entitled to a trial by jury, and that the order of reference and the trial were in conflict with the Constitution, in which it is declared that "the trial by jury, in all cases in which it has been heretofore used, shall remain inviolate forever." (Art. 1, § 2.) The act of 1862 (Sess. Laws, 743), authorized the reference and trial. Is it in conflict with the Constitution?
The Constitution of 1777 contained the like provision, thus: "That trial by jury, in all cases in which it has heretofore been used in the Colony of New York, shall be established and…
2Cases cited3 opinions
- Mumma v. Potomac Co.Supreme Court of the United States · 1834
- United States Tr. Co. of New York v. . U.S. Fire Ins. Co.New York Court of Appeals · 1858
- Buchan v. SumnerNew York Court of Chancery · 1847
3Cited by20 opinions
- Cockrill v. CoxTexas Supreme Court · 1886
- Metropolitan Board of Health v. . HeisterNew York Court of Appeals · 1868
- Board of County Commissioners v. MorrisonSupreme Court of Minnesota · 1875
- State Tax-Law CasesMichigan Supreme Court · 1884
- Creve Coeur Lake Ice Co. v. TammSupreme Court of Missouri · 1897
15 more not listed; retrieve them via the Exa API.