Swing v. Rose

Citations

• 75 Ohio St. (N.S.) 355

Syllabus

<p>Dissolution of mutual fire insurance company — Court may assess premium notes of policy-holders, when — Proceedings to collect assessment — Question of co-partnership in interest in policy — Defendants may not state their opinion, when — Assessment made by court does not determine who are policy-holders, when— Insurance law — Cotirt proceedings.</p> <p>1. In a judicial proceeding under the statute to dissolve a mutual fire insurance company and to wind up its business affairs, to which proceeding the corporation is a party defendant, the court is authorized, when necessary, to decree an assessment upon the premium notes executed by policy-holders for the purpose of paying liabilities of the company which accrued while the policies and premium notes were in force, and such decree as to the necessity for, and the amount of the assessment, is binding upon the policy-holders, although they, as individuals, were not parties to the proceeding when the decree was made. ' In respect to the assessment and the necessity therefor, they were represented by the corporation.</p> <p>2. In the trial of an action brought by a trustee appointed by the court in said proceeding against the defendants as members of a 'co-partnership to collect an assessment made by the court, in which action an issue is joined between the parties as to whether the policy of insurance was held by the defendants as members of the co-partnership, it is error for the court to permit the defendants to state their mere opinions.</p> <p>3. Where in said action it is established that the policy of insurance had been issued and accepted on or about the first day of October, 1888, for a term of at least two years, and that the property insured had been totally destroyed by fire on or about the 22d day of February, 1889, and that the loss was paid on or about the Jth day of July, 1889; and, further, that the assessment, for the collection of which suit was brought, was made on the nth day of June, 1901, it was