Legal Opinion

Hyatt v. McMahon

New York Supreme Court

Decided September 22, 1857PublishedCited by 7 opinions

DEMURRER to complaint. The action was brought by the plaintiff as receiver of the stock, property, equitar ble interests, things in action and effects of the Rensselaer Insurance Company. The complaint alleged that the said “ The Rensselaer Insurance Company” was originally incorporated under and by virtue .of an act of the legislature, passed the 29th of April,, 1836, entitled “ An act to incorporate the Rensselaer County Mutual Insurance Company.”

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DEMURRER to complaint. The action was brought by the plaintiff as receiver of the stock, property, equitar ble interests, things in action and effects of the Rensselaer Insurance Company. The complaint alleged that the said “ The Rensselaer Insurance Company” was originally incorporated under and by virtue .of an act of the legislature, passed the 29th of April,, 1836, entitled “ An act to incorporate the Rensselaer County Mutual Insurance Company.” That said company soon thereafter organized, and transacted business' as a fife insurance company, in the village of Lansingburgh, in the county…

1Opinion of the CourtRosekrans, J.

The 14th section of the act of 1849, to provide for the incorporation of insurance companies, (Laws of 1849, p. 447,) although unskillfully and inartificially drawn, will, nevertheless, in my judgment, authorize a pre-existing mutual insurance company to change its name and extend its charter, by complying with the provisions of the statute. It provides for such extension by altering or amending the charter so as to accord with the.provisions of the act, and filing a copy of the charter so altered or amended in the office of the secretary of state, with the consent and declaration mentioned…

2Cases cited9 opinions

  1. New-York African Society for Mutual Relief v. VarickNew York Supreme Court · 1816
  2. Northern Railroad v. MillerNew York Supreme Court · 1851
  3. Troy & Rutland Railroad v. KerrNew York Supreme Court · 1854
  4. Devendorf v. BeardsleyNew York Supreme Court · 1857
  5. Herkimer County Mutual Insurance v. FullerNew York Supreme Court · 1852

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3Cited by7 opinions

  1. Attorney General ex rel. Dusenbury v. LookerMichigan Supreme Court · 1897
  2. McCarthy v. New York Central & Hudson River RailroadThe Superior Court of the City of New York and Buffalo · 1889
  3. Hicks v. Serano, New York County Courts1911
  4. People v. NolanNew York Supreme Court · 1882
  5. Allen v. Life Ass'n of AmericaMissouri Court of Appeals · 1879

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