Given v. Rettew
Given v. Rettew
Opinion of the Court
Our examination of this record discloses no substantial error in the court’s findings of fact or conclusions of law. In the latter, it is virtually held, inter alia, that the policy executed by the company and accepted by the defendant was non-assessable and defendant having paid all that was required by the terms of his contract, neither the company nor the receiver had any further claim on him. This conclusion, we think, was fully warranted, and is of itself conclusive of defendant’s right to judgment. These and other questions presented by the specifications of error have been so fully considered by the learned trial judge that little, if anything, can be added to what has been so well said in his opinion, and, for reasons there given at length, we think the judgment should be affirmed.
Judgment affirmed on the opinion of the court below.
Reference
- Full Case Name
- Given, Receiver v. J. M. Rettew
- Cited By
- 12 cases
- Status
- Published
- Syllabus
- Live stock insurance — Mutual companies — Assessment. Where an insurance company, although organized upon the mutual plan, has the power to issue cash policies, the mere fact of membership does not necessarily imply the liability to assessment. In such a case a person applying for insurance, who is given a policy which upon its face is for cash alone, is not bound by a by-law of which he has no notice, providing that every member should be liable “ to pay ■his or her proportion of all losses and expenses at such time or times as the directors for the time being may require, in proportion to the amount insured by such members.” Corporations — By-laws—Notice. While the member of a mutual insurance company is bound to inform himself of the by-laws of the company after he has become a member, and to govern his future conduct by them, he is not bound to make himself acquainted with the by-laws before he becomes a member, and if he makes a contract with the company which excludes them in any particular, in that particular they do not bind him.