White v. Ross
New York Court of Appeals
Justus White, as receiver of the Union Insurance Company, sued Giles Boss and others on a premium note given by them to the company. The company was originally incorporated as the Union Mutual Ins. Co., under L. 1849, p. 441, c. 308. ■ By a special act, L. 1851, p. 775, c. 395, the charter was amended by omitting the word “ Mutual ” from the name of the company, and limiting the number of directors.
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Justus White, as receiver of the Union Insurance Company, sued Giles Boss and others on a premium note given by them to the company. The company was originally incorporated as the Union Mutual Ins. Co., under L. 1849, p. 441, c. 308. ■ By a special act, L. 1851, p. 775, c. 395, the charter was amended by omitting the word “ Mutual ” from the name of the company, and limiting the number of directors. The plaintiff having been appointed receiver of the corporation, brought this action and recovered judgment in the supreme court, and the defendants appealed. ■,
1Opinion of the Court
By the Court
Bacon, J.
Two questions only are made by the defendants’ counsel upon this appeal. The first is, that the company, of which the plaintiff is receiver, was not duly incorporated. There are two conclusive answers to this objection. In the first place, the defendants were members of the corporation. They became such members when they delivered the note upon which this suit is prosecuted, and received their policy. Having thus dealt with it as a corporation da facto, they can not now be heard to question the validity of the organization. That can only be impeached by the sovereign…
2Cases cited3 opinions
- Buffalo and N.Y. City R.R. Co. v. . DudleyNew York Court of Appeals · 1856
- Mygatt v. . New York Protection Insurance CompanyNew York Court of Appeals · 1860
- Black River & Utica Rail Road v. BarnardNew York Supreme Court · 1859
3Cited by1 opinion
- Rockland & Hardenburgh Town Fire Insurance v. BusseyAppellate Division of the Supreme Court of the State of New York · 1900