Legal Opinion

Cahill v. Kalamazoo Mutual Insurance

Michigan Supreme Court

Decided January 15, 1845PublishedCited by 4 opinions

Error to Kalamazoo' Circuit Court. This was an action of assumpsit, brought by the Kalamazoo Mutual Insurance Company, as a corporation, upon the following instrument, executed by the defendants below, and commonly designated as a premium or deposite note : $32.04 Kalamazoo, Aug. 14,1840. For value received in policy No. 831, dated 14th Aug. 1840, issued by the Kalamazoo Mutual Insurance Company, we promise to pay the company, or their treasurer for the time being,…

Read the full summary

Error to Kalamazoo' Circuit Court. This was an action of assumpsit, brought by the Kalamazoo Mutual Insurance Company, as a corporation, upon the following instrument, executed by the defendants below, and commonly designated as a premium or deposite note : $32.04 Kalamazoo, Aug. 14,1840. For value received in policy No. 831, dated 14th Aug. 1840, issued by the Kalamazoo Mutual Insurance Company, we promise to pay the company, or their treasurer for the time being, thirty-two dollars and four cents, in such portions, and at such times, as the directors of said company shall, agreeably to…

1Opinion of the Court · FelchFelch, J.

1. It is urged as a ground for reversing the judgment below, that the court erred in refusing to nonsuit the plaintiffs below, because there was no sufficient evidence to prove their corporate existence, and in charging the jury that no proof of organization under their charter was necessary.

Whether the evidence adduced to prove corporate existence (which consisted merely in the production of the charter of the corporation, and acts amendatory thereto, and proof of acts of use?-,) was sufficient or not, we are clearly of opinion that there was no error in refusing the nonsuit. This court has…

Also in this document: Opinion of the Court · Ransom.

2Cases cited2 opinions

  1. President of the Bank of Utica v. SmalleyNew York Supreme Court · 1824
  2. Trustees of Vernon Society v. HilesNew York Supreme Court · 1826

3Cited by4 opinions

  1. Swartwout v. Michigan Air Line RailroadMichigan Supreme Court · 1872
  2. Druse v. WheelerMichigan Supreme Court · 1871
  3. Aronoff v. Pioneer Mutual Compensation CompanySupreme Court of Colorado · 1956
  4. Way v. BillingsMichigan Supreme Court · 1852

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API