Legal Opinion

The People v. . Fire Association of Phil'A.

New York Court of Appeals

Decided May 1, 1883PublishedCited by 70 opinions

Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, in favor of defendant, entered upon an order made February 3, 1883, directing such judgment on a case submitted under section • 1279 of the Code of Civil Procedure.

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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, in favor of defendant, entered upon an order made February 3, 1883, directing such judgment on a case submitted under section • 1279 of the Code of Civil Procedure. The questions submitted were as to the constitutionality of the act chapter 694, Laws of 1865, as amended by chapter 60, Laws of 1875, and if constitutional as to the amount, defendant, a Pennsylvania insurance company, is liable to pay to the superintendent of the insurance department of this State under said act upon premiums…

1Opinion of the CourtFinch, J.

The legislation of the State relating to foreign insurance companies is challenged on this appeal as a violation of constitutional right. The act of 1875 (Chap. 60) in substance provides, that an insurance corporation of another State, seeking to do business here, shall pay to the superintendent of the insurance department for taxes, fines, penalties, certificates of authority, license fees and otherwise, an amount equal to that imposed by the State of its origin upon companies of this State seeking to do business there, when such amount charged is greater than our own. The evident purpose of…

2Cases cited10 opinions

  1. Paul v. VirginiaSupreme Court of the United States · 1869
  2. Doyle v. Continental InsuranceSupreme Court of the United States · 1877
  3. Embury v. . ConnerNew York Court of Appeals · 1850
  4. People Ex Rel. Westchester Fire Insurance v. DavenportNew York Court of Appeals · 1883
  5. Barto v. . HimrodNew York Court of Appeals · 1853

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3Cited by70 opinions

  1. In Re the Executors & Legatees of & Under the Last Will & Testament of McPhersonNew York Court of Appeals · 1887
  2. Trustees of Exempt Firemen's Benevolent Fund v. RoomeNew York Court of Appeals · 1883
  3. German-American Coffee Co. v. . DiehlNew York Court of Appeals · 1915
  4. Gibson Products Co. v. MurphySupreme Court of Oklahoma · 1940
  5. Brock v. Superior CourtCalifornia Supreme Court · 1937

65 more not listed; retrieve them via the Exa API.

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