Hart v. Achilles
New York Supreme Court
MOTION for a new trial upon exceptions, ordered to be heard at a general term. The action was upon a premium note, in these words: “For value received, in policy No. 1875, dated Jan. 25th, 1851, issued by the Orleans Insurance Company, [I] promise to pay the said company, or their treasurer for the time being, the sum of three hundred and . fifty dollars, in such proportions, and at such times, as the directors of said company may, agreeably to their charter and by-laws,…
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MOTION for a new trial upon exceptions, ordered to be heard at a general term. The action was upon a premium note, in these words: “For value received, in policy No. 1875, dated Jan. 25th, 1851, issued by the Orleans Insurance Company, [I] promise to pay the said company, or their treasurer for the time being, the sum of three hundred and . fifty dollars, in such proportions, and at such times, as the directors of said company may, agreeably to their charter and by-laws, require. (Signed) H. S. Achilles.” The questions discussed are sufficiently presented in the opinion.
1Opinion of the Court
By the Court, Marvin, J.
There was a motion for a non-suit, upon the ground that the Orleans Insurance Company had never been legally organized. The objection was, that the certificates annexed to the proposed charter were not in conformity with the requirements of the statute; and the counsel specified wherein they were defective. It should be stated that the Orleans Insurance Company was, by its arti*578cles of association or charter, to conduct its business on “the plan of mutual insurance.” The comptroller, as authorized bv § 11, appointed three persons to make an examination, and these…
2Cases cited1 opinion
- Williams v. BabcockNew York Supreme Court · 1857
3Cited by4 opinions
- Chase v. . LordNew York Court of Appeals · 1879
- Hill v. BakerMassachusetts Supreme Judicial Court · 1910
- Planters' Insurance v. ComfortMississippi Supreme Court · 1874
- Raegener v. WillardAppellate Division of the Supreme Court of the State of New York · 1899