Legal Opinion

Farmers' Mutual Fire Insurance v. Cole

Mississippi Supreme Court

Decided March 15, 1907PublishedCited by 2 opinions

From the circuit court of, first district, Hinds county. IIon. Eobert L. Bullard, Judge. The insurance company, appellant, was plaintiff in the court below; Cole, the appellee, was defendant there. From a judgment sustaining defendant’s demurrer to plaintiff’s petition and dismissing the suit plaintiff appealed to the supreme court. The Farmers’ Mutual Fire Insurance Company sued fór a mandamus against Cole, insurance commissioner.

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From the circuit court of, first district, Hinds county. IIon. Eobert L. Bullard, Judge. The insurance company, appellant, was plaintiff in the court below; Cole, the appellee, was defendant there. From a judgment sustaining defendant’s demurrer to plaintiff’s petition and dismissing the suit plaintiff appealed to the supreme court. The Farmers’ Mutual Fire Insurance Company sued fór a mandamus against Cole, insurance commissioner. The appellant company, chartered under ch. 24, Code 1896, made application to the insurance commissioner for a certificate of authority under Code 1906, § 2564, of…

1Opinion of the CourtMates, J.

This corporation, as the charter shows, is a mutual fire insurance company, without capital stock, incorporated .under ch. *51424 of the Code of 1906, and empowered by its charter to insure the property of its members only. It cannot be contended that the Farmers’ Mutual Fire Insurance Company was organized and chartered under any of the provisions of ch. 69 of the Code of 1906, which deals with the subject of insurance. Section 897, ch. 24, of the Code of 1906, provides that “corporations for every lawful purpose and of every kind, except for the construction and operation of a railroad other than…

2Cited by2 opinions

  1. State v. AlleyMississippi Supreme Court · 1910
  2. State v. AlleyMississippi Supreme Court · 1910

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