People ex rel. Metropolitan Life Insurance v. Hotchkiss
Appellate Division of the Supreme Court of the State of New York
Certiorari issued out of the Supreme Court and attested on the 6th day of Hovember, 1909, directed to William H. Hotchkiss, as Superintendent of Insurance of the State of Hew York, commanding him to certify and return to the office of the clerk of the county of Albany all and singular his proceedings had in relation to his denial of the relator’s application to purchase lands to be used as a hospital for the care and treatment of its employees who are afflicted with…
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Certiorari issued out of the Supreme Court and attested on the 6th day of Hovember, 1909, directed to William H. Hotchkiss, as Superintendent of Insurance of the State of Hew York, commanding him to certify and return to the office of the clerk of the county of Albany all and singular his proceedings had in relation to his denial of the relator’s application to purchase lands to be used as a hospital for the care and treatment of its employees who are afflicted with tuberculosis.
1Opinion of the Court
Kellogg, J. :
The humane and praiseworthy purpose for which the company seeks to purchase and occupy the real estate does not call upon or permit us to do violence to the language of the statute." Our only duty is to gather from its four corners the fair spirit and meaning of the language employed. Section 20 of the Insurance Law leaves but little for construction. Unlike section 11 of the General Corporation Law, it is not permissive in its nature, but prohibits a purchase of real estate for any purpose except those named. Unless the relator can find its warrant within the fair terms of this…
2Cited by14 opinions
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- Mount St. Mary's Hospital v. CatherwoodNew York Court of Appeals · 1970
- Dodge v. Ford Motor Co.Michigan Supreme Court · 1919
- Guardian Life Insurance Co. of America v. BohlingerNew York Court of Appeals · 1954
- Alabama Public Service Commission v. Southern Bell Telephone & Telegraph Co.Supreme Court of Alabama · 1949
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