Boston Manufacturer's Mutual Fire Insurance v. Hendricks
New York Supreme Court
Trial of issues of law raised by demurrer to the plaintiff’s complaint. The ground of the demurrer is, that the complaint “ Does not' state facts sufficient to constitute a cause of action.”
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Trial of issues of law raised by demurrer to the plaintiff’s complaint. The ground of the demurrer is, that the complaint “ Does not' state facts sufficient to constitute a cause of action.” The complaint in substance alleges that it is a mutual fire insurance corporation organized under the laws of the State of Massachusetts, for the purpose of insuring property against loss or injury by fire, and that its residence and principal place of business is in the city of Boston, in the State of Massachusetts, and that it is not authorized to do business in the State of New York by the…
1Opinion of the CourtHerrick, J.
That the State has the power to regulate the business of insurance, to say who shall be permitted to carry on such business within the State, and the terms and condition upon which it may be so carried on, and to tax the business of a foreign corporation, insurance or otherwise, doing business in this State by its permission, needs no citation of authorities to substantiate.
But its power and authority are confined to the limits of the State. City of New York v. McLean, 170 N. Y. 374.
And its power to tax is limited to persons, property and business within this State. Dewey v. Des Moines, 173…
2Cases cited16 opinions
- Hooper v. CaliforniaSupreme Court of the United States · 1895
- Dewey v. Des MoinesSupreme Court of the United States · 1899
- Swift & Co. v. United StatesSupreme Court of the United States · 1884
- Peyser v. Mayor of New YorkNew York Court of Appeals · 1877
- Phelps v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
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3Cited by2 opinions
- Ithaca Fire Department v. RiceAppellate Division of the Supreme Court of the State of New York · 1905
- Brotherhood Wine Co. v. StateNew York Court of Claims · 1921