The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-12-09
5fat tie enquirer.
CURRIE's ADMINISTER arORS,
AGAIS3r The
MUTUAL ASSURANCE SOCIETY.
Tire Honorabyc
The SEeaker Of

This was an appeal from judgment OF the
District Court OF Petersburg, rendered in ia, or
OF the Mutual Assurance Society, against lanes
Curric for s 29i 70, Being the amount Of quo
ia raquired rom The defendant, (as one Of the
persons holding bui dngs, in a topn insured hy
the sa'il Society," by re solution adopted on the
18th OF February, 1875, at meeting Of board
of directors of said society; which resolution
calling tor the quota, was signed by " AL. NC
Rae. President II n s."
BY the principles of the original Law, organ.
zing the society, houses, situated in the ceantry
and in toSrns we're mutually assured every mem
Der of the society, whether residing i'm town or
country, became insurer for every other mcm-
br, & the property insured was mutually pedg-
ed {; but experience having evinccd that the los.
ses happening IN tho country bore no proportion
10 those IN the towns, the Legislature, on the
29tb OF January 1905, at the instance of a ma
Jor'ty OF the members OF the society, e,ner per.
sonally present, or represented by members of
the General Assembly, authorised by law
passed subsequently To the original law, passed
another act separating the interests and risks OF
the inhabitants Of the COUNTRY, from thoSe of
! the TOWNS, so that the countryman was no lon.
ger liable for losses by fire occurring in topns,
nor the townsman for losses Occurring in the eoua
II try.
BY regulation of the socie made in the wear
| 1895, in pursuance of powers vested in them b.
the original act, establishing the society," its bu
siness was managed by President and f6nrtec,
directors hut by the act of 1905, it is declared
that there shall be in future only three dIec.
tors, out Of zghoan president shall be chosen
alexander Nc"Ge WAS elected President of The
| society, and three other persons, on the same
day, were appointed directors. l. does not ap
pear that the PRESIDENT had been prevousi,
chosen one of the directors, ont Of zuhoDi, HE was
to be taken, but I've certainly appointed by
The same electoral body by whom the director
| were chosen.
| After the election ofthe prcsi cnt and dire.
| tors, requisition, signed by TIE president, wa.
| made on the to1pn members, Tor half quota but
not On he csaHvy mernb, RS -Cuyyic resisted the
payment OF tbs quota on two grounds, LIT. he
Cause the requisition on which ii WIS iotnted
was no, made under the original charter but under
| a Subsequent acf which attempted to increase IT,.
risk without his consent and ID because whs
| ther that subsequent act be, or be not ohlig.to,
on him, the pres dent 81 the society was not ciIo
| sen cur st the directors Srding TO tie direct
| ons of the &c, under which he w.s sppom. ed
After argument 6, Gorge X T.ylor < c 4
for 'ie appellant, Lw,ieS .fln,'rs, he iavin..
ed pending the appesD aud BY Hay. BIc&hana
and Randolph for the society, Judges RoANz {
| FILMING. on Saturday The I'd. of Decembe
1909, delivered the following opinions, affirming
the judgement of the District court-Iudge
TUCKER declined sitting IN the cause.