Home Insurance Co. v. Swigert
Illinois Supreme Court
Appeal from the Circuit Court of Sangamon county; the Hon. Charles S. Zane, Judge, presiding. The Home Insurance Company of New York, the appellant, brought an action in the Sangamon circuit court, against Charles P. Swigert, the appellee, to recover money paid by the company to appellee, as Auditor, under section 29 of the general Insurance act, commonly known as the “reciprocity provision. ” Counsel have embodied in a written stipulation the material facts upon which the…
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Appeal from the Circuit Court of Sangamon county; the Hon. Charles S. Zane, Judge, presiding. The Home Insurance Company of New York, the appellant, brought an action in the Sangamon circuit court, against Charles P. Swigert, the appellee, to recover money paid by the company to appellee, as Auditor, under section 29 of the general Insurance act, commonly known as the “reciprocity provision. ” Counsel have embodied in a written stipulation the material facts upon which the rights of the parties depend, from which it appears the plaintiff is an insurance company incorporated under the laws of…
1Opinion of the CourtJustice Mulkey
It will be perceived from the statement which precedes this opinion, as well as from the argument of counsel for the appellant, that the theory upon which the company seeks to recover back the money paid by it to the Auditor under protest, rests upon the legal assumption that it is not competent for the legislature to provide a general rate of taxation and of fees to be paid by foreign insurance companies for the privilege of doing an insurance business' in this State, as is done by the 30th and other sections of the Insurance act, and by another provision of the same law prescribe higher…
2Cases cited2 opinions
- People ex rel. Wilson v. SalomonIllinois Supreme Court · 1869
- Alcorn v. HamerMississippi Supreme Court · 1860
3Cited by38 opinions
- People ex rel. Grinnell v. HoffmanIllinois Supreme Court · 1886
- Wilson v. Board of TrusteesIllinois Supreme Court · 1890
- Eckerson v. City of Des MoinesSupreme Court of Iowa · 1908
- Rouse v. ThompsonIllinois Supreme Court · 1907
- Hoogasian v. Regional Transportation AuthorityIllinois Supreme Court · 1974
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