Whitaker v. Meley

The opinion of the court was delivered by

Magie, Chief Justice.

The issue in this cause-was tried before Mr. Justice Garrison, without a jury, and he has sent up by the postea a special finding of facts in the nature of a special verdict, and the question before us is, whether the plaintiff is entitled to enter judgment thereon.

By the finding the following material facts appear: The Millville Mutual Marine and Fire Insurance Company was incorporated by an act approved March 8th, 1859. Pamph. L., p. 144. By section 2 of that act persons insuring in the company became members thereof, but by…