Cooper v. Shaver
New York Supreme Court
MOTION for a new trial, upon exceptions ordered to be heard in the first instance at the general term. The action was brought by the plaintiff, as receiver of the People’s Insurance Company, to recover of the defendants the sum of $227.80, being the amount of an assessment upon a premium note made by the defendants for the sum of $800, on the 24th of March, 1853. The complaint alleged the incorporation of the People’s Insurance Company, the making of the note, and the…
Read the full summary
MOTION for a new trial, upon exceptions ordered to be heard in the first instance at the general term. The action was brought by the plaintiff, as receiver of the People’s Insurance Company, to recover of the defendants the sum of $227.80, being the amount of an assessment upon a premium note made by the defendants for the sum of $800, on the 24th of March, 1853. The complaint alleged the incorporation of the People’s Insurance Company, the making of the note, and the issuing of the policy to the defendants in the usual form. It then proceeds to state that a judgment was obtained against the…
1Opinion of the Court
By the Court, Miller, J.
The validity of the assessment is attacked on various grounds, which I shall proceed to consider, so far as it may be important in arriving at a proper disposition of the case. (1.) It is said that the losses are not alleged in the complaint, or proved; and that both of these are requisite to authorize a recovery. There was no objection made to the evidence introduced in regard to the losses, and even if the complaint was not strictly sufficient to admit of evidence upon that point, yet such testimony having been given, it must be considered as in the case. The…
2Cases cited7 opinions
- People v. President & Directors of the Manhattan Co.New York Supreme Court · 1832
- Mygatt v. . New York Protection Insurance CompanyNew York Court of Appeals · 1860
- Herkimer County Mutual Insurance v. FullerNew York Supreme Court · 1852
- Hurlbut v. CarterNew York Supreme Court · 1855
- White v. Coventry & BensonNew York Supreme Court · 1859
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Aronoff v. Pioneer Mutual Compensation CompanySupreme Court of Colorado · 1956
- Raegener v. WillardAppellate Division of the Supreme Court of the State of New York · 1899
- Lewis v. ClarendonU.S. Circuit Court for the District of Eastern Arkansas · 1878
- Regener v. PhillipsNew York Supreme Court · 1899
- Sands v. . GravesNew York Court of Appeals · 1874
1 more not listed; retrieve them via the Exa API.