¶1(nem. con.') instructed the jury, at the prayer of the defendant’s counsel, that if they should be satisfied, by the evidence, that there was no restriction in the articles of association, (which were lost) then the members of the association were bound by the act of the majority, as to all matters within the purview of the association; and that the payment, or advance of money, on account of losses, was a matter within the purview of the association ; and that the plaintiff, being a member, could not recover in this action.
2 D.C. 26
Dean v. Tucker
Decided July 15, 1811
This was an action for money had and received. Dean was entitled to a dividend on premiums received by the Insurance Association, of which Tucker was chairman, and the plaintiff a member. The association had voted to advance to James Wilson a sum of money, on account of a claim for a loss. The advance was made, and Wilson’s note taken to refund in case the loss was not finally established. Dean objected to the advance.
Decided 1811-07-15