Massachusetts Bonding & Insurance v. Chorn
Supreme Court of Missouri
Appeal from Cole Circuit Court. — Hon. J. G. Slate, Judge. (1) Sec. 7099, R. S. 1909, is unconstitutional and void. Sec. 3, Art. 10, and Sec. 4, Art. 10,’ Constitution of Missouri; Sec. 1, Art. 14, TJ. S. Constitution.
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Appeal from Cole Circuit Court. — Hon. J. G. Slate, Judge. (1) Sec. 7099, R. S. 1909, is unconstitutional and void. Sec. 3, Art. 10, and Sec. 4, Art. 10,’ Constitution of Missouri; Sec. 1, Art. 14, TJ. S. Constitution. (2) Even though Sec. 7099, R. S. 1909, he valid, it does not require appellant to pay a tax upon: (a) Premiums it never did receive; (b) premiums returned because of the refusal of the assured to take the policy; (c) premiums which were never earned and which were returned to the policy-holders. Insurance Co. v. Van Cleave, 191 Ill. 410; People ex rel. v. Miller, 177 N. Y. 515;…
1Opinion of the Court
BROWN, C.
This suit was instituted by petition for injunction filed in the Cole County Circuit Court April 30, 1917. A preliminary restraining order was granted on the same day. On the first day of the following June term the defendant appeared and demurred generally to the petition. On the fifth day of the same term the plaintiff filed an amended petition in words and figures (omitting caption and signatures) following:
“Now comes the plaintiff and for its cause of action against the defendant states that it is a corporation organized under the laws of the State of Massachusetts and authorized…
2Cases cited7 opinions
- International Textbook Co. v. PiggSupreme Court of the United States · 1910
- Orient Insurance v. DaggsSupreme Court of the United States · 1899
- Fire Ass'n of Philadelphia v. LoveTexas Supreme Court · 1908
- International Text-Book Co. v. GillespieSupreme Court of Missouri · 1910
- American Union Express Co. v. City of St. JosephSupreme Court of Missouri · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Laclede Gas Co. v. City of St. LouisSupreme Court of Missouri · 1953
- Viquesney v. City of KansasSupreme Court of Missouri · 1924
- New York Life Insurance v. BurbankSupreme Court of Iowa · 1927
- United Pacific Insurance v. BakesIdaho Supreme Court · 1937
- General American Life Insurance v. BatesSupreme Court of Missouri · 1952
13 more not listed; retrieve them via the Exa API.