Sands v. . Lilienthal
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the sixth district, affirming judgment entered upon report of referee in favor of plaintiff.
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Appeal from judgment of the General Term of the Supreme Court in the sixth district, affirming judgment entered upon report of referee in favor of plaintiff. This action was brought by plaintiff, as receiver of the .¿Etna Insurance Company of Utica, on a promissory note executed by defendants to said company for $500. Said company was duly formed and incorporated by virtue of the act entitled “ An act to provide for the incorporation of insurance companies,” passed April 10, 1849, and said corporation was duly organized under said act, in March, 1851. " The note in suit was dated May 8, 1851,…
1Opinion of the CourtGrover, J.
Although the complaint avers, that the note in suit formed but part of the capital stock of the company, yet the other averments show that it was not a stock, but a premium note. This is also shown by the facts proved upon the trial.
The company was organized in March, 1851, under the act of 1849, providing for the organization of insurance companies. The note was made May 8, 1851, for a policy of insurance, in the form of a premium note. The plaintiff was duly appointed receiver, upon the insolvency of the company, prior to June 23, 1860, and on that day assessed the note, to its full amount,…
2Cited by4 opinions
- Ward v. New York Central RailroadNew York Court of Appeals · 1871
- Parks v. Nashville, Chattanooga & St. Louis RailwayTennessee Supreme Court · 1884
- Sands v. . GravesNew York Court of Appeals · 1874
- Hope Mutual Insurance v. PerkinsNew York Court of Appeals · 1868