People ex rel. Equitable Fire & Marine Insurance v. Fairman

New York Supreme Court

People ex rel. Equitable Fire & Marine Insurance v. Fairman

12 Abb. N. Cas. 268

DecidedApril 15, 1882

StatusPublished

This text of 12 Abb. N. Cas. 268 (People ex rel. Equitable Fire & Marine Insurance v. Fairman) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People ex rel. Equitable Fire & Marine Insurance v. Fairman, 12 Abb. N. Cas. 268 (N.Y. Super. Ct. 1882).

Pincite

Opinion

Landon, J.

The superintendent of insurance upon the application of the relator considered its request to be permitted to do a marine insurance business within this State and refused it. If a mandamus would lie against the superintendent in a matter of this nature, it would be to compel him to consider the relator’s application and act upon it. The mandamus is therefore not necessary. Whether the determination of the superintendent upon the petition, and the facts applicable thereto, may be reviewed by this court upon certiorari or appeal is a question not now before us.

Motion for mandamus denied, with costs.

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Landon, J.

The superintendent of insurance upon the application of the relator considered its request to be permitted to do a marine insurance business within this State and refused it. If a mandamus would lie against the superintendent in a matter of this nature, it would be to compel him to consider the relator’s application and act upon it. The mandamus is therefore not necessary. Whether the determination of the superintendent upon the petition, and the facts applicable thereto, may be reviewed by this court upon certiorari or appeal is a question not now before us.

Motion for mandamus denied, with costs.

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Bluebook (online)

12 Abb. N. Cas. 268, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-equitable-fire-marine-insurance-v-fairman-nysupct-1882.