State Ex Rel. Minnesota Mutual Indemnity Co. v. Wells

Relator is a domestic mutual insurance company. It amended its certificate of incorporation relating to its line of insurance to include “surety bonds.” We assume that it was intended to reach the class of business embraced in G. S. 1923, § 3315, subd. 6. (All of the sections hereinafter cited refer to G. S. 1923.) The commissioner of insurance refused to issue his certificate under § 3313, that the amendment complied with the law. Thereupon relator sued out an alternative writ of mandamus to compel the issuance of such certificate. The commissioner said in his return that relator had failed…