Legal Opinion

Bangs v. . Duckinfield

New York Court of Appeals

Decided March 5, 1859PublishedCited by 30 opinions

Appeal from the Supreme Court. The action was brought to recover the amount of a premium note made by the defendant to the Genesee Mutual Insurance Company, a corporation created by chapter 241 of 1836, with the powers and subject to the restrictions given to the Jefferson” County Mutual Insurance Company by chapter 41 of 1836. Upon the trial before Mr. Justice Marvin, at the Genesee Circuit, it was proved that the plaintiff was appointed receiver upon an order made at…

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Appeal from the Supreme Court. The action was brought to recover the amount of a premium note made by the defendant to the Genesee Mutual Insurance Company, a corporation created by chapter 241 of 1836, with the powers and subject to the restrictions given to the Jefferson” County Mutual Insurance Company by chapter 41 of 1836. Upon the trial before Mr. Justice Marvin, at the Genesee Circuit, it was proved that the plaintiff was appointed receiver upon an order made at special term, October 7, 1851, entitled as in an action of William, Lafferty, plaintiff, v. The Genesee Mutual Insurance…

1Opinion of the Court

Johnson, Ch. J.

When, in Attorney General v. The Utica Insurance Company (2 John. Ch. R., 371), and in Attorney-General v. The Bank of Niagara (Hopk., 354), Chancellor Kent and Chancellor Sanford declined to exercise the jurisdiction over corporations which was invoked in those proceedings, I do not understand that either of those judges supposed that his decree would, if it had affirmed the jurisdiction, have been either absolutely void or collaterally examinable. In such inquiries the term “jurisdiction ” had a peculiar and somewhat technical use in its application to ‘courts of general…

2Cited by30 opinions

  1. Harrigan v. GilchristWisconsin Supreme Court · 1904
  2. Malone v. MeresSupreme Court of Florida · 1926
  3. Folger v. Columbian InsuranceMassachusetts Supreme Judicial Court · 1868
  4. Duvall v. DuvallMississippi Supreme Court · 1955
  5. Fisher v. . HepburnNew York Court of Appeals · 1871

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