Swing v. Cloquet Lumber Co.
Supreme Court of Minnesota
Action in the district court for St. Louis county by the trustee-for the creditors of the Union Mutual Eire Insurance Company of Cincinnati to recover $1,106.88, the amount of a certain assessment levied against defendant as a policy holder in said company.
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Action in the district court for St. Louis county by the trustee-for the creditors of the Union Mutual Eire Insurance Company of Cincinnati to recover $1,106.88, the amount of a certain assessment levied against defendant as a policy holder in said company. Defendant, in its answer, alleged that more than six years hadi elapsed since plaintiff’s cause of action accrued, and if any proper notice of assessment was given defendant, such notice was not given within seven years from the commencement -of the action; that defendant’s only transactions with the company were under certain policies of…
1Opinion of the CourtHallam, J.
The Union Mutual Eire Insurance Company was a mutual in*223suranee corporation incorporated under the laws of Ohio in June, 1888. It had a short career. In two .years it was insolvent, and on December 18, 1890, judgment was entered in the Supreme Court, of Ohio that it be ousted and excluded 'from being a corporation,, and plaintiff, James B. Swing, was appointed trustee to wind up its affairs. The trusteeship has'had a much longer career. It is. now on its twenty-third year.
The by-laws of this corporation provided that any person wishing to become' a member of said company should deposit with…
2Cases cited8 opinions
- Turnbull v. PaysonSupreme Court of the United States · 1877
- Holland v. Duluth Iron Mining & Development Co.Supreme Court of Minnesota · 1896
- Alworth v. GordonsSupreme Court of Minnesota · 1900
- Swing v. Barnard-Cope Manufacturing Co.Supreme Court of Minnesota · 1911
- Swing v. HumbirdSupreme Court of Minnesota · 1904
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3Cited by3 opinions
- Aviation Enterprises, Inc. Ex Rel. Jones v. ClineMissouri Court of Appeals · 1965
- North v. KinneySupreme Court of Iowa · 1942
- Barrow v. BementCourt of Appeals of Texas · 1922