Bell v. Shibley
New York Supreme Court
THE action was "brought "by the receiver of the Mohawk Valley Insurance Company on a note, of which the following is a copy: “ $84.00. For value received, in policy Mo. 398, dated October 21st, 1851, issued by the Mohawk Valley Insurance Company, I promise to pay the said company, or their treasurer, for the time being, the sum of eighty-four dollars, in such portions, and at such time or times, as the directors of said company may agreeably to their charter and by-laws…
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THE action was "brought "by the receiver of the Mohawk Valley Insurance Company on a note, of which the following is a copy: “ $84.00. For value received, in policy Mo. 398, dated October 21st, 1851, issued by the Mohawk Valley Insurance Company, I promise to pay the said company, or their treasurer, for the time being, the sum of eighty-four dollars, in such portions, and at such time or times, as the directors of said company may agreeably to their charter and by-laws require. April 29, 1851. David Shibley.” The cause was tried at the Montgomery circuit, when a verdict was ordered for the…
1Opinion of the Court
By the Court,
Bockes, J.
The action is brought by the plaintiff, as receiver of the property and effects of the Mohawk Valley Insurance Company, and is based on a note alleged to have been given as an original stock note, pursuant to section 5 of the act providing for the incorporation of insurance companies, passed April 10,1849. The defendant denies that the note was given as an original stock note, but insists that it was made and delivered as an ordinary premium note, and that he is not liable thereon without due assessment.
The company, organized on the mutual plan, and by the case it is…
2Cases cited11 opinions
- Vallett v. ParkerNew York Supreme Court · 1831
- Kanouse v. MartinSupreme Court of the United States · 1854
- Barney Ex Rel. Woodhull v. SaundersSupreme Court of the United States · 1854
- Holbrook v. Receivers of the American Fire InsuranceNew York Court of Chancery · 1836
- Birdseye v. SmithNew York Supreme Court · 1860
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3Cited by11 opinions
- Ellis v. Boston, Hartford & Erie RailroadMassachusetts Supreme Judicial Court · 1871
- Osborn v. . RobbinsNew York Court of Appeals · 1867
- Weeks v. CornwallNew York Supreme Court · 1887
- Mason v. BreslinThe Superior Court of New York City · 1870
- People ex rel. Barton v. Rensselaer InsuranceNew York Supreme Court · 1862
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