Legal Opinion

State Mutual Fire Insurance v. Brinkley Stave & Heading Co.

Supreme Court of Arkansas

Decided May 18, 1895PublishedCited by 27 opinions

Appeal from Monroe Circuit Court. James S. Thomas, Judge. I. The Foreign Corporation Act (Sandels & Hill’s Digest, secs. 1322 to 1325), has no application to foreign insurance companies. 139 U. S. 223; 41 Fed. 643; 55 Ark. 163. 2. The contract was made in Illinois, and is governed by the laws of that State. 2 Kent’s Com. (12th ed.), *p. 477 and note; 3 Minor, Inst. 127; 2 Pars. Cont.

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Appeal from Monroe Circuit Court. James S. Thomas, Judge. I. The Foreign Corporation Act (Sandels & Hill’s Digest, secs. 1322 to 1325), has no application to foreign insurance companies. 139 U. S. 223; 41 Fed. 643; 55 Ark. 163. 2. The contract was made in Illinois, and is governed by the laws of that State. 2 Kent’s Com. (12th ed.), *p. 477 and note; 3 Minor, Inst. 127; 2 Pars. Cont. (7th Ed.) 712 ; 1 id. 515, 516, 562; 3 Mete. 207. 3. The statute imposes a penalty merely for violating the law, but does not avoid the contract. Sandels & Hill’s Digest, sec. 4138; 1 Fed. 471; 2 Morawets, Corp.,…

1Opinion of the CourtHughes, J.

The plaintiff (appellant), a mutual fire insurance company incorporated under the laws of 'the state of Illinois, sued the defendant (appellee) for an assessment of $225 for dues, losses and liabilities incurred as a member of plaintiff company on two policies. The defendant denied the liability; set up that the policies were canceled, that plaintiff owed it $125 for unearned premiums, and that plaintiff’s contract on policies was void for non-compliance with the foreign corporation law; and prayed, judgment for $125 on counterclaim.

The court found the facts to be: (1) That the insurance for…

2Cases cited4 opinions

  1. Speed v. CrawfordCourt of Appeals of Kentucky · 1860
  2. Toledo Tie & L. Co. v. ThomasWest Virginia Supreme Court · 1890
  3. Washburn Mill Co. v. BartlettNorth Dakota Supreme Court · 1893
  4. Railway Co. v. Fire Ass'nSupreme Court of Arkansas · 1895

3Cited by27 opinions

  1. Franklin Life Insurance v. GalliganSupreme Court of Arkansas · 1903
  2. State v. American Book Co.Supreme Court of Kansas · 1904
  3. Kendrick & Roberts, Inc. v. Warren Bros.Court of Appeals of Maryland · 1909
  4. Vermont Loan & Trust Co. v. HoffmanIdaho Supreme Court · 1897
  5. Coci v. New York Life Ins.Supreme Court of Louisiana · 1924

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