Legal Opinion

Washington County Mutual Ins. v. Miller

Supreme Court of Vermont

Decided December 15, 1853PublishedCited by 5 opinions

Assumpsit on the following note, “ For value received in pol- “ icy No. 41650, dated the 8th day of January, 1849, issued by “ the Washington County Mutual Insurance Company, I promise “ to pay said Company the sum of twenty-one dollars in such por- “ tions and at such time or times as the directors of said company “ may, agreeably to their act of incorporation, require. Dated “ the 3d day of January, 1849. (Signed) “Elisha Miller.”

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Assumpsit on the following note, “ For value received in pol- “ icy No. 41650, dated the 8th day of January, 1849, issued by “ the Washington County Mutual Insurance Company, I promise “ to pay said Company the sum of twenty-one dollars in such por- “ tions and at such time or times as the directors of said company “ may, agreeably to their act of incorporation, require. Dated “ the 3d day of January, 1849. (Signed) “Elisha Miller.” The action was originally brought before a justice of the peace and came to the county court by appeal. It appeared that on the 14th day of January, 1851, the…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, Ch. J.

These are suits upon premium notes executed to the plaintiffs by members of the company, who have taken policies of insurance of the company. The first premium note is for $21, and the assessment is $5,60. The second note is for $18,60, and the assessment $5,33. In the third case the note is for $6,65, and the assessment is $1,33. T.he suits are brought to recover only the assessment of course. In each case the ad damnum in the writ is $30

Under the decisions in this state, since the case of Hill v. Wait, 5 Vt. 124, which have uniformly…

2Cases cited4 opinions

  1. President of the Goshen & Minisink Turnpike Road v. HurtinNew York Supreme Court · 1812
  2. President of the Union Turnpike Road v. JenkinsNew York Supreme Court · 1803
  3. Hill v. WaitSupreme Court of Vermont · 1831
  4. Steel v. BatesSupreme Court of Vermont · 1829

3Cited by5 opinions

  1. Sykes v. Citizens' National BankSupreme Court of Kansas · 1908
  2. Protection Insurance v. BillSupreme Court of Connecticut · 1863
  3. Stillwell v. CraigSupreme Court of Missouri · 1874
  4. Farmers' Mutual Fire Insurance v. MarshallSupreme Court of Vermont · 1856
  5. Gaytes v. HibbardU.S. Circuit Court for the Northern District of Illnois · 1869

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