State Mutual Fire Insurance v. Brinkley Stave & Heading Co.
Supreme Court of Arkansas
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
- Speed v. CrawfordCourt of Appeals of Kentucky · 1860
- Toledo Tie & L. Co. v. ThomasWest Virginia Supreme Court · 1890
- Washburn Mill Co. v. BartlettNorth Dakota Supreme Court · 1893
- Railway Co. v. Fire Ass'nSupreme Court of Arkansas · 1895
3Cited by27 opinions
- Franklin Life Insurance v. GalliganSupreme Court of Arkansas · 1903
- State v. American Book Co.Supreme Court of Kansas · 1904
- Kendrick & Roberts, Inc. v. Warren Bros.Court of Appeals of Maryland · 1909
- Vermont Loan & Trust Co. v. HoffmanIdaho Supreme Court · 1897
- Coci v. New York Life Ins.Supreme Court of Louisiana · 1924
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