Railey v. Board of Assessors
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. King, J. 1. Foreign insurance companies domiciled out of this State and collecting premiums before their maturity are not liable for a tax on said premiums as “credits.” 2. Where an assessment is levied against said foreign companies, or against their agent personally, in the alternative, said assessment is illegal for uncertainty.
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APPEAL from the Civil District Court for the Parish of Orleans. King, J. 1. Foreign insurance companies domiciled out of this State and collecting premiums before their maturity are not liable for a tax on said premiums as “credits.” 2. Where an assessment is levied against said foreign companies, or against their agent personally, in the alternative, said assessment is illegal for uncertainty. Desty on Tax., 554; 53 Cal. 666. 3. Where, as in the present case, the assessors levied a tax upon premiums or amount of business done, said tax becomes an income tax. Cooley on Tax., 221; Burroughs,…
1Opinion of the Court
The opinion of the court was delivered by
Breaux, J.
The plaintiff is an insurance agent, and as such represents six foreign insurance companies.
*767He brought suit for the purpose of having the assessments made against these companies, and against himself personally, annulled.
The following are the assessments made, to-wit:
Money loaned on interest, all credits and all bills re- Money inposceivable for money session, on loaned or advanced deposit or in wiurgwus ayiu. niuiu.
William M. Bailey, or Western Assurance Oo.......................$5,000 $500
Maine Ins. Oo. of…
2Cases cited1 opinion
- Murray v. CharlestonSupreme Court of the United States · 1878
3Cited by5 opinions
- New Orleans v. StempelSupreme Court of the United States · 1899
- State Ex Rel. American Automobile Insurance v. GehnerSupreme Court of Missouri · 1928
- Kansas City Life Ins. Co. v. HammettSupreme Court of Louisiana · 1933
- National Fire Ins. v. Board of AssessorsSupreme Court of Louisiana · 1908
- Metropolitan Life Ins. v. Board of AssessorsSupreme Court of Louisiana · 1905