Virginia Reports; Jefferson--33 Grattan, 1730-1880 Volume 1-2; V. 40-41
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1902 edition. Excerpt: ...at insurance to misapprehension, as existed in the case of The Mutual Ass. Co. v. Mahon, 5 Call 517, in which it was held that a leasehold interest was not insurable, and the society therefore not liable upon the policy, but that the declarant was entitled to a return of the premium. I can perceive nothing in the peculiar structure of this corporation to take the case out of the influence of the general principles above mentioned. It is true that the members of the association are the assurers as well as the assured; but the membership, as I apprehend, is created by the insurance, and if there be no insurance there is no membership. I express no opinion upon the question whether an action could be maintained by a declarant against the society to recover back quotas he has paid upon a void insurance. That question does not arise here. In the present case, the society is endeavouring to enforce paj'ment of the quotas which accrued prior to its having incurred any hazard of loss, and after the lapse of many years from the time of the inception of its rights as now asserted, without any effort, so far as appears from the record, to prosecute them to a recovery. The premium actually paid is an ample compensation for any expense or disappointment incurred by the society, and there is no consideration of justice to move the judicial tribunals, especially a court of conscience, to an active interposition in behalf of such a pretension. It is true that the members of the society are bound by its constitution, rules and regulations, so far as made conformably to law; and that by the 7th section of the 10th article of the revised constitution, rules and regulations, it is declared that "any insurance made by any person who shall, in the...
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