Bangs v. McIntosh
New York Supreme Court
THIS action was commenced March 4, 1853, by the plaintiff, as receiver of the Genesee Mutual Insurance Company, to recover, as a forfeiture, the whole amount of a premium note for $480, with costs, because of the non-payment of three assessments thereon, which in the aggregate amounted to $6.10. The plaintiff claiming such forfeiture under s 10 of the charter of the insurance company, (Laws of 1836, pp. 318, 42,) on the ground of failure to pay the assessments within thirty…
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THIS action was commenced March 4, 1853, by the plaintiff, as receiver of the Genesee Mutual Insurance Company, to recover, as a forfeiture, the whole amount of a premium note for $480, with costs, because of the non-payment of three assessments thereon, which in the aggregate amounted to $6.10. The plaintiff claiming such forfeiture under s 10 of the charter of the insurance company, (Laws of 1836, pp. 318, 42,) on the ground of failure to pay the assessments within thirty days after the notice mentioned in said section. The answer was a general denial, and also a statement of various…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
A receiver or other party commencing a suit in this court under any special authority, must duly allege his authority in his complaint, and in a traversable form; (Gillet, receiver, v. Fairchild, 4 Denio, 80; White, receiver, v. Joy, 3 Kern. 83 ;) and if issue be taken upon such allegation, it must be proved on the trial, as much as any other traversable fact. It was necessary therefore for the plaintiff in this action, to state in his complaint that he had been been duly appointed receiver, and as the proceedings on the trial assumed that such fact had been…
2Cases cited13 opinions
- Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828
- Thatcher v. PowellSupreme Court of the United States · 1821
- Borden v. FitchNew York Supreme Court · 1818
- Yates v. LansingCourt for the Trial of Impeachments and Correction of Errors · 1811
- Foot v. StevensNew York Supreme Court · 1837
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3Cited by18 opinions
- State Inv. & Ins. Co. v. Superior Court of San FranciscoCalifornia Supreme Court · 1894
- Blair v. CoreWest Virginia Supreme Court · 1882
- People ex rel. Thomson v. Board of SupervisorsNew York Supreme Court · 1861
- Dickerson v. Cass County BankSupreme Court of Iowa · 1895
- Embree v. ShidelerIndiana Supreme Court · 1871
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