Sands v. Sweet
New York Supreme Court
A PEEAL.from an order made at a special term allowing a ii demurrer to the 6th defense in the defendant's answer, in each case. Each action was brought upon premium notes given to the Columbian Insurance Company.
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A PEEAL.from an order made at a special term allowing a ii demurrer to the 6th defense in the defendant's answer, in each case. Each action was brought upon premium notes given to the Columbian Insurance Company. The complaint alleged that the company was duly organized June 13th, 1851, under the act of 1849, and carried on business until August, 1852 ; that in January, 1853, the company was dissolved hy a decree at general term, and A. Sheldon duly appointed receiver of its effects, who filed the requisite security and became invested with all the property, &c; and received • from the…
1Opinion of the Court
By the Court, Bockes, J.
These actions are brought on premium notes. As a defense, it is averred that the notes were assessed by a former receiver, to whom the plaintiff is successor. To this defense a demurrer was interposed, and judgment was ordered in favor of the plaintiff on the demurrer. An appeal was thereupon taken to the general term.
The question here presented was considered in Campbell v. Adams, (38 Barb. 132,) and the defense that there had been a former assessment on the note was deemed good. The decision was put on the ground that the assessment was a judicial act, and was final.…
2Cases cited3 opinions
- Thomas v. WhallonNew York Supreme Court · 1857
- Blair v. . ClaxtonNew York Court of Appeals · 1859
- Campbell v. AdamsNew York Supreme Court · 1862
3Cited by3 opinions
- Embree v. ShidelerIndiana Supreme Court · 1871
- Sbarboro v. Health DepartmentAppellate Division of the Supreme Court of the State of New York · 1898
- Sbarboro v. Health DepartmentAppellate Division of the Supreme Court of the State of New York · 1898