Sands v. Shoemaker
New York Court of Appeals
This is an action brought by the receiver of the ¿Etna Insurance company, of Utica, to recover of the defendant the amount of a premium note of $325, dated January 6, 1853. This note was given in consideration of an insurance policy of $1,000, for three years from the date of the note, on which day the policy was issued.
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This is an action brought by the receiver of the ¿Etna Insurance company, of Utica, to recover of the defendant the amount of a premium note of $325, dated January 6, 1853. This note was given in consideration of an insurance policy of $1,000, for three years from the date of the note, on which day the policy was issued. On the 16th day of January, 1854, an order was made by the Supreme Court restraining the said company from further exercising its corporate rights, and which order declared that a receiver be appointed; etc., and that a reference be had to appoint such receiver, etc; On. this…
1Opinion of the CourtDavis, J.
In Sands v. Sanders (26 N. Y., 239), the question of the validity of the assessments made by the receivers of the .¿Etna Insurance company of Utica, was presented to, and passed upon, by this court. Upon the question whether an action could be sustained on the basis of the assessment made by receiver Fames, the court were equally divided; four of the judges being of opinion that the want of publication of notice of such assessment, in three newspapers of Oneida county, pursuant to the by-laws of the company, was fatal to a recovery. Upon this point, I concur in the views of Emott, J. (26 N.…
2Cases cited1 opinion
- Sands v. . SandersNew York Court of Appeals · 1863
3Cited by1 opinion
- McDonald v. Ross-LewinNew York Supreme Court · 1883