Legal Opinion

Lumbermen's Indemnity Exchange v. State

Washington Supreme Court

Decided November 1, 1920No. 16047PublishedCited by 1 opinion

Appeal from a judgment of the superior court for Thurston county, Wilson, J., entered December 8,1919, upon sustaining* a demurrer to the complaint, dismissing* an action to recover a tax paid.

1Opinion of the CourtMackintosh, J.

The appellant having, under protest, paid to the respondent a premium tax, which it claims to have been an overpayment, attempts in this action to recover the same. The complaint alleges that, during the year 1918, the appellant, a mutual fire insurance company, collected or contracted for premiums on fire risks in the sum of $253,873.04, and that the state insurance commissioner imposed upon and collected from the appellant two and one-quarter per cent of that amount, or $5,712.14. Appellant paid this amount under protest, claiming that it should have been taxed only one per cent, or…

2Cases cited3 opinions

  1. The Parker Mills v. . the Commissioners of TaxesNew York Court of Appeals · 1861
  2. Fidelity & Deposit Co. v. FreudCourt of Appeals of Maryland · 1911
  3. In Re CurtisSupreme Court of Rhode Island · 1905

3Cited by1 opinion

  1. Automobile Underwriting Agency v. StateWashington Supreme Court · 1923

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