White v. Ross
New York Court of Appeals
Appeal from a judgment. This action "was brought by Justus White, receiver of the Union Insurance Company, against Giles Ross and others, on a premium note. The company was originally incorporated as a Mutual Insurance Company, under the act of April 10, 1849 (Laws of 1849, 441, ch. 308), under the name of the Union Mutual Insurance Company.
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Appeal from a judgment. This action "was brought by Justus White, receiver of the Union Insurance Company, against Giles Ross and others, on a premium note. The company was originally incorporated as a Mutual Insurance Company, under the act of April 10, 1849 (Laws of 1849, 441, ch. 308), under the name of the Union Mutual Insurance Company. By a special act passed in 1851 (Laws of 1851, 775, ch. 395), the charter was amended by omitting the word 15 mutual” from the name of the company, and limiting the number of directors. The plaintiff was subsequently appointed receiver of the corporation,…
1Opinion of the Court
By the Court.—Bacon, J.
Two questions only are made by the defendants’ counsel upon this appeal. The first is, that the company, of which the plaintiff is receiver, was not duly incorporated. There are two conclusive answers to this objection. In the first place, the defendants were members of the corporation. They became such members when they delivered the note upon which this suit is prosecuted, and received their policy. Having thus dealt with it as a corporation defacto, they cannot now be heard to question the validity of the organization. That can only be impeached by the sovereign…
2Cases cited2 opinions
- Buffalo and N.Y. City R.R. Co. v. . DudleyNew York Court of Appeals · 1856
- Black River & Utica Rail Road v. BarnardNew York Supreme Court · 1859
3Cited by7 opinions
- Commercial Bank of Keokuk v. . PfeifferNew York Court of Appeals · 1888
- Phoenix Warehousing Co. v. . BadgerNew York Court of Appeals · 1876
- Lynch v. PerrymanSupreme Court of Oklahoma · 1911
- Smith v. Havens Relief Fund SocietyNew York Supreme Court · 1904
- Commercial Bank v. PfeifferNew York Supreme Court · 1880
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