Legal Opinion

State ex rel. Attorney General v. Merchant's Exchange Mutual Benevolent Society

Supreme Court of Missouri

Decided October 15, 1880PublishedCited by 27 opinions

Quo Warranto. The writ charged that respondent, without any charter, act of incorporation or other legal authority, was. usurping and using the liberties, privileges, rights and franchises of a life insurance company ; that it was making and entering into contracts whereby, in consideration of a stipulated sum of money paid to it, it undertook to indemnify individuals against losses by death ; that it was insuring human lives for and in consideration of premiums paid to it;…

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Quo Warranto. The writ charged that respondent, without any charter, act of incorporation or other legal authority, was. usurping and using the liberties, privileges, rights and franchises of a life insurance company ; that it was making and entering into contracts whereby, in consideration of a stipulated sum of money paid to it, it undertook to indemnify individuals against losses by death ; that it was insuring human lives for and in consideration of premiums paid to it; that it was receiving premiums for the insuring of human lives; that it was issuing insurance policies for. hire, upon…

1Opinion of the CourtNapton, J.

Two points arise is this case, both of which have been fully discussed at the bar. The first question is, whether this company or corporation defendant is doing and authorized by its constitution to do an insurance business, and the second point is based upon an assumption that though it may be so authorized and so employed it is still not within the statute' laws in regard to insurance companies, but expressly exempted by the legislature from any such obligation to comply with the general law on the subject of insurance. The first question seems to be of easy solution, whether regarded in…

2Cases cited6 opinions

  1. Kentucky Masonic Mutual Life Ins. v. Miller's AdministratorCourt of Appeals of Kentucky · 1877
  2. Erdmann v. Mutual Insurance Co. of the Order of Herman's Sons of WisconsinWisconsin Supreme Court · 1878
  3. Illinois Masons' Benevolent Society v. WinthropIllinois Supreme Court · 1877
  4. Illinois Masons' Benevolent Society v. BaldwinIllinois Supreme Court · 1877
  5. Dietrich v. Madison Relief Ass'nWisconsin Supreme Court · 1878

1 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Martin v. StubbingsIllinois Supreme Court · 1888
  2. Westerman v. Supreme Lodge Knights of PythiasSupreme Court of Missouri · 1906
  3. Morton ex rel. Richardson v. Supreme Council of the Royal LeagueMissouri Court of Appeals · 1903
  4. Rockhold v. Canton Masonic Mutual Benevolent SocietyIllinois Supreme Court · 1889
  5. Hanford v. Massachusetts Benefit Ass'nSupreme Court of Missouri · 1894

22 more not listed; retrieve them via the Exa API.

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