Union Insurance Company v. Hoge - 62 U.S. 35 (1858)
U.S. Supreme Court
Union Insurance Company v. Hoge, 62 U.S. 21 How. 35 35 (1858)
Union Insurance Company v. Hoge
62 U.S. (21 How.) 35
Under a general act of the Legislature of New York passed on the 10th of April, 1849, which authorized the incorporation of insurance companies in the state under it, held that the eighth section in the charter of a mutual insurance company formed under the general act, which provided for the payment of cash premiums at the election of the insured, as well as premiums secured by notes, was authorized by the general act, and that a policy issued upon a payment of the premium in cash was legal and valid.
This was an action brought by Hoge upon a policy of insurance upon a paper mill in Virginia. The insurance company was
incorporated by the Legislature of New York, and its place of doing business was in that state. The law of New York and charter of the company are set forth in the opinion of the Court.
The declaration stated that the policy of insurance was made in November, 1851, for the consideration of fifty-six dollars, and that for that sum the company agreed to insure the mill for one year to the amount of $2,500. The plea was that the business of the company was to be conducted on the plan of mutual insurance, and that the receiving of a definite sum of money, in lieu of a premium note for the policy of insurance, was not warranted by the act of 1849, and that the policy was void, as made without authority, and in violation of the statute.
To this plea there was a demurrer.
The circuit court decided that the policy was a valid policy, and the company brought the case up to this Court.