National Benefit Ass'n v. Clay

OpinioN op the CouRT by

Judge Carroll

Reversing.

This is a mandamus suit by the appellant insurance association to compel the appellee, M. C. Clay, Insurance Commissioner for the State of Kentucky, to issue to it a certificate authorizing it to transact business in the State. The circuit court on demurrer dismissed the petition on. the ground that it did not state facts sufficient to constitute a cause of action, and the association appeals.

The petition averred, in substance, that the appellant was a corporation created under the laws of the District of Columbia. That its object was to provide…