Phœnix Insurance v. Welch
Supreme Court of Kansas
Error from Shawnee District Oowrt. Two actions brought — one thereof by the Phcenix Insurance Company, the other by the Home Insurance, both of New York — against Orrin T. Welch, as Superintendent of Insurance of Kansas, to recover certain moneys paid to him by them under protest. The defendant demurred to each petition, on the ground that it did not state facts sufficient to constitute a cause of action.
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Error from Shawnee District Oowrt. Two actions brought — one thereof by the Phcenix Insurance Company, the other by the Home Insurance, both of New York — against Orrin T. Welch, as Superintendent of Insurance of Kansas, to recover certain moneys paid to him by them under protest. The defendant demurred to each petition, on the ground that it did not state facts sufficient to constitute a cause of action. At the September Term, 1882, of the district court, these demurrers were sustained, and orders and judgments made accordingly. Plaintiffs bring the cases here for review. The facts are…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
The single question in this case is as to the constitutionality of what is known as the retaliatory section of our insurance law. That section reads as follows:
“Whenever the existing or future laws of any other state or government shall require insurance companies organized under the laws of this state, applying to do business by agencies in such other state or government, or of the agents thereof, any deposit or security in such state for the protection of policyholders therein, or otherwise; or any payment for taxes, fines, penalties,…
Also in this document: Concurrence.
2Cases cited6 opinions
- Paul v. VirginiaSupreme Court of the United States · 1869
- Santo v. StateSupreme Court of Iowa · 1855
- Barto v. . HimrodNew York Court of Appeals · 1853
- State v. ParkerSupreme Court of Vermont · 1854
- City of Leavenworth v. BoothSupreme Court of Kansas · 1875
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3Cited by39 opinions
- Western & Southern Life Ins. Co. v. State Bd. of Equalization of Cal.Supreme Court of the United States · 1981
- Minneapolis, St. Paul & Sault Ste. Marie Railway Co. v. Railroad Commission of WisconsinWisconsin Supreme Court · 1908
- State v. HunterSupreme Court of Kansas · 1888
- Scottish Union & National Insurance v. HerriottSupreme Court of Iowa · 1899
- State ex rel. Jackson v. Board of County CommissionersSupreme Court of Kansas · 1908
34 more not listed; retrieve them via the Exa API.