State v. Phelan
Missouri Court of Appeals
Appeal from the St. Louis Court of Criminal Correction. Hon. David Murphy, Judge. (1) The oral testimony of witness Moise to establish the corporate existence of the American Credit Indemnity Company by general reputation was inadmissible; section 4215, Revised Statutes, 1889, does not apply.
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Appeal from the St. Louis Court of Criminal Correction. Hon. David Murphy, Judge. (1) The oral testimony of witness Moise to establish the corporate existence of the American Credit Indemnity Company by general reputation was inadmissible; section 4215, Revised Statutes, 1889, does not apply. State v. Tucker, 84 Mo. 23, 25; State v. Jackson, 90 Mo. 156. Such testimony, even if admissible, was insufficient, as it did not show said company was an “insurance company,” or was transacting an insurance business within the meaning of the statute. (2) The contract or bond of indemnity described in…
1Opinion of the CourtBond, J.
The defendant was charged by information in the St. Louis court of criminal correction with acting as an insurance agent without a license. The information contains two counts. The first avers that defendant, as agent for a foreign corporation, “engaged in the transaction of insurance” in this city, induced the Hunicke G-love Company to purchase a bond of indemnity given by said corporation, guaranteeing the purchaser, under certain conditions, against loss resulting from the insolvency of its debtors; that defendant did this act without first having obtained a certificate, as required by…
2Cases cited6 opinions
- State v. StoneSupreme Court of Missouri · 1893
- Rose v. Kimberly & Clark Co.Wisconsin Supreme Court · 1895
- State v. TuckerSupreme Court of Missouri · 1884
- State v. JacksonSupreme Court of Missouri · 1886
- State ex rel. Walker v. CorkinsSupreme Court of Missouri · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Carr v. Pacific Mutual Life InsuranceMissouri Court of Appeals · 1903
- Commonwealth Ex Rel. v. Fid. Land Value Assur. Co.Supreme Court of Pennsylvania · 1933