Legal Opinion

Oliver v. Liverpool & London Life & Fire Insurance

Massachusetts Supreme Judicial Court

Decided November 15, 1868PublishedCited by 19 opinions

Bill in equity filed by the treasurer of the Commonwealth, under St. 1862, c. 224, § 11, to restrain the defendants from prosecuting their business until the tax assessed upon them by § 2 of that statute has been paid.

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Bill in equity filed by the treasurer of the Commonwealth, under St. 1862, c. 224, § 11, to restrain the defendants from prosecuting their business until the tax assessed upon them by § 2 of that statute has been paid. It is provided by that section that “ each fire, marine, and fire and marine insurance company incorporated or associated under the laws of any government or state other than one of the United States, shall annually pay to the treasurer of the Commonwealth a tax of four per cent, upon all premiums charged or received on contracts made in this Commonwealth for the insurance of…

1Opinion of the CourtHoak, J.

If the defendants are a foreign corporation, then the case of Attorney General v. Bay State Mining Co. 99 Mass. 148, is conclusive in favor of the plaintiff. It was there held that the right to exercise a corporate franchise within this Commonwealth was the proper subject of an excise; and that “ a corporation which seeks, by its agents, to establish a domicil of business in a state, other than that of its creation, must take that domicil subject tu the responsibilities and burdens which it finds in force there. The state may deny to foreign corporations the right to transact their business,…

2Cases cited1 opinion

  1. Attorney General v. Bay State Mining Co.Massachusetts Supreme Judicial Court · 1868

3Cited by19 opinions

  1. Hemphill v. OrloffSupreme Court of the United States · 1928
  2. State Street Trust Co. v. HallMassachusetts Supreme Judicial Court · 1942
  3. Hibbs v. . BrownNew York Court of Appeals · 1907
  4. New York Life Insurance v. HardisonMassachusetts Supreme Judicial Court · 1908
  5. S. S. White Dental Manufacturing Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1912

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