American Exchange Fire Insurance v. Britton
The Superior Court of New York City
Exceptions ordered at the trial to be heard in the first instance at the General Term. The American Exchange Fire Insurance Company is the plaintiff, and Dexter B. Britton, Eoyal Chamberlain and John Eaymond, are the defendants. The action was tried October 16,1860, before Chief Justice Boswobth and a jury.
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Exceptions ordered at the trial to be heard in the first instance at the General Term. The American Exchange Fire Insurance Company is the plaintiff, and Dexter B. Britton, Eoyal Chamberlain and John Eaymond, are the defendants. The action was tried October 16,1860, before Chief Justice Boswobth and a jury. It appeared at the trial that in February, 1859, the defendants were appointed by the comptroller of the State of Eew York to make the preliminary examination of the assets of the plaintiffs required by chapter 466, section 10 of the act of 1853, relative to the incorporation of fire…
1Opinion of the Court
By the Court—Woodruff, J.
The tenth section of the act under which the plaintiffs are organized as a corporation (Session Laws of 1853, ch. 466, § 10, p. 908,) makes it the unqualified duty of the Comptroller (on receiving the certificate of the Attorney-General) to cause an examination to be made, either by himself or by three disinterested persons specially appointed by him for that purpose, for the purpose of certifying to the fact that the capital is paid .in, &c. This duty is so unqualified and so plainly imposed on the Comptroller, that it is the right of the applicants to have it…
2Cases cited2 opinions
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- Diocese of Fargo v. County of CassNorth Dakota Supreme Court · 1914
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