Great Falls Mutual Fire Insurance v. Harvey
Supreme Court of New Hampshire
Assumpsit upon the following premium note : For value received, in Policy No. 1788, second class, dated the 26 day of July, 1858, issued by the Great Falls Mutual Fire Insurance Company, I promise to pay to to the said Company, or their treasurer for the time being, the sum of seventy-eight 0-100 dollars, in such portions and at such time or times, as the Directors of said Company may, agreeably to them Act of Incorooration and By Laws, require.
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Assumpsit upon the following premium note : For value received, in Policy No. 1788, second class, dated the 26 day of July, 1858, issued by the Great Falls Mutual Fire Insurance Company, I promise to pay to to the said Company, or their treasurer for the time being, the sum of seventy-eight 0-100 dollars, in such portions and at such time or times, as the Directors of said Company may, agreeably to them Act of Incorooration and By Laws, require. NATHAN H. HARVEY, Principal, DAVID MURRAY, Surety. The plea was the general issue with a brief statement. The plaintiffs offered the note in…
1Opinion of the Court
Bartlett, J
The plaintiffs must show that the assessment made against the defendant was an assessment to which he was legally liable. Atlantic Company v. Fitzpatrick, 2 Gray, 279. The plaintiffs’charter, among other things, provides for four classes, and that "each class shall be hable for its own losses”; that the premium notes of each class "shall be holden and assessed to pay the losses occurring in their respective classes, and not each for the other”; that [the company shall open books of account with each class, and that "all the business receipts, disbursements, losses, assessments and…
2Cases cited5 opinions
- Devendorf v. BeardsleyNew York Supreme Court · 1857
- Herkimer County Mutual Insurance v. FullerNew York Supreme Court · 1852
- Brown v. WilliamsSupreme Judicial Court of Maine · 1848
- In re BangsNew York Supreme Court · 1853
- Tallmadge v. Board of SupervisorsNew York Supreme Court · 1856
3Cited by1 opinion
- House v. SiegleSupreme Court of Arkansas · 1915