State ex rel. Equitable Life Assurance Society of the United States v. Vandiver
Supreme Court of Missouri
Mandamus. (1) Each relator has a binding statutory contract by which it is entitled to a renewed certificate by complying with section 7888, and which cannot be impaired. The Act of 1907, if applicable to it, is unconstitutional. 6 Thomp., Corp., sec. 7902; State v. Root, 83 Wis. 667. Upon the faith of these statutes each relator acted, making large investments and building up an extensive business.
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Mandamus. (1) Each relator has a binding statutory contract by which it is entitled to a renewed certificate by complying with section 7888, and which cannot be impaired. The Act of 1907, if applicable to it, is unconstitutional. 6 Thomp., Corp., sec. 7902; State v. Root, 83 Wis. 667. Upon the faith of these statutes each relator acted, making large investments and building up an extensive business. The Constitution of the State (art. 2, sec. 15), and of the United States (art. 1, sec. 10), both provide that “no State shall . . . pass any . . . law impairing the obligation of contracts.” So…
1Opinion of the CourtWoodson, J.
Relator, a foreign insurance company organized under the laws of New York, seeks by mandamus to compel the State Superintendent of Insurance to renew its license to do business in this State as per the conditions fixed by Revised Statutes 1899, section 7888, which section reads:
“Renewal of Authority. — If the said annual statements mentioned in sections 7880 and 7887 shall have been made in conformity with the requirements of said section, and the superintendent, after deducting from said statement all worthless and doubtful assets, shall be satisfied as to the solvency or condition of the…
2Cases cited46 opinions
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3Cited by15 opinions
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