Legal Opinion

Thompson v. Colonial Assurance Co.

New York Supreme Court

Decided November 15, 1900PublishedCited by 2 opinions

Issues of law upon demurrer to complaint.

1Opinion of the CourtBischoff, J.

The plaintiffs, as a firm, being associated with fourteen other persons, under the name of “ The Individual Underwriters at Commercial Lloyds,” seek in this action to enforce the liability of the defendant upon a contract made by it with the association for the reinsurance of its outstanding risks, and the question raised by the demurrer is whether or not the other members of the association are necessary parties-plaintiff.

There is no room for question that these underwriters constitute an unincorporated association of more than seven persons (Board of Fire Underwriters v. Whipple & Co., 36…

2Cases cited3 opinions

  1. McMahon v. . RauhrNew York Court of Appeals · 1871
  2. Nicoll v. ClarkNew York Court of Common Pleas · 1895
  3. New York Board of Fire Underwriters v. Whipple & Co.Appellate Division of the Supreme Court of the State of New York · 1898

3Cited by2 opinions

  1. Hogan v. WilliamsNew York Supreme Court · 1945
  2. Wyatt v. McNameeAppellate Terms of the Supreme Court of New York · 1906

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