General

William G. Sands, Receiver, etc., Respondent, v. Edward C. Graves, impleaded, etc., Appellant

48 N.Y. 653·New York Commission of Appeals·1871·NY

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Opinion

William G. Sands, Receiver, etc., Respondent, v. Edward C. Graves, impleaded, etc., Appellant. (Argued May 10, 1871; decided September term, 1871.) Action upon a premium note given to the .¿Etna Insurance Company of Utica, a mutual insurance company, organized under the general law passed April 10,1849. Judgment reversed upon the ground that the assessment was for more than the proportion of the losses and expenses with which defendant’s note was properly chargeable. Wm. Porter for the appellant. p[. S. Mygatt for the respondent. [MAJORITY] Earl, C., reads for reversal. All concur, except G-ray, C., not voting. Judgment reversed and new trial granted, costs to abide event.