Metropolitan Casualty Insurance v. Basford
South Dakota Supreme Court
Appeal from Circuit Court, Hughes County. Hon. John F. PIughES, Judge. Application for writ of mandamus on the relation of the Methopolitan Casualty Insurance Company of New York, against Ü. S'. Basford, Commissioner of Insurance of the State of South Dakota. From a judgment refusing a peremptory writ and dismissing the proceedings, relator appeals.
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Appeal from Circuit Court, Hughes County. Hon. John F. PIughES, Judge. Application for writ of mandamus on the relation of the Methopolitan Casualty Insurance Company of New York, against Ü. S'. Basford, Commissioner of Insurance of the State of South Dakota. From a judgment refusing a peremptory writ and dismissing the proceedings, relator appeals. If Chapter 73, Laws of 1905, and its amendments' was unconstitutional so far as it attempted to impose restrictions upon the plaintiff company, the record shows that they had complied with all other laws and were entitled to enforce the issuance…
1Opinion of the CourtWhiting, J.
The relator is an insurance company organized under the laws of the state of New York, and, -under such laws, authorized to write insurance “upon' plate glass against breakage, *162and against injury, disablement or death resulting from traveling or general accident, • and against disablement, resulting from sickness, and every other insurance appertaining thereto.” It is not authorized by its charter to transact any other business than as above stated. Under the laws of the state of New York the business of employer’s liability insurance is recognized and treated as separate and distinct from…
2Cases cited20 opinions
- Memphis Street Railway Co. v. ByrneTennessee Supreme Court · 1907
- In re BreeneSupreme Court of Colorado · 1890
- State v. BarrettSupreme Court of Kansas · 1882
- Fidelity Insurance, Trust & Safe Deposit Co. v. Shenandoah Valley RailroadSupreme Court of Virginia · 1889
- Harper v. StateSupreme Court of Alabama · 1895
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3Cited by19 opinions
- Simpson v. TobinSouth Dakota Supreme Court · 1985
- State ex rel. Payne v. ReevesSouth Dakota Supreme Court · 1921
- Hyer v. Inter-Insurance Exchange of the Automobile ClubCalifornia Court of Appeal · 1926
- McMacken v. StateSouth Dakota Supreme Court · 1982
- Schomer v. ScottSouth Dakota Supreme Court · 1937
14 more not listed; retrieve them via the Exa API.