Igoe v. State

• Decision Date: 02 June 1860
• Parties: Igoe v. The State
• Court: Indiana Supreme Court

14 Ind. 196

Igoe v. The State

Supreme Court of Indiana

June 2, 1860

From the Marion Court of Common Pleas.

The judgment is reversed with costs. Cause remanded.

C. B Smith, W. J. Smith, H. C. Newcomb and J. S. Tarkington, for appellant.

OPINION

Davison J.

This was a prosecution against Martin Igoe, for violating an act entitled "An act to amend an act for the incorporation of insurance companies, defining their powers, and prescribing their duties, approved June 17, 1852." This amendatory act is found in the Acts of 1855, p. 137, and contains these provisions:

"Sec. 1. It shall not be unlawful for any agent of any insurance companies incorporated in any other state than the state of Indiana, directly or indirectly, to take risks or transact any business of insurance in this state, without first producing a certificate of authority from the auditor of state," &c.

"Sec. 9. Any person violating the provisions of this act shall, upon conviction thereof before any Court of competent jurisdiction, be fined not exceeding 1,000 dollars, or imprisoned in the county jail not more than thirty days, or both, at the discretion of the Court."

The information charges that defendant, as the agent of an insurance company incorporated by the laws of the state of Pennsylvania, took a risk (describing it) in this state without producing or procuring a certificate of authority from the auditor of state as prescribed by said act, thereby incurring the penalties of the aforesaid ninth section.

Defendant moved to quash the information; but the motion was overruled.

The cause was then submitted to the Court, who found the defendant guilty, and, having refused a new trial, rendered judgment, &c.

The amended act contains fifty-six sections. The first fifty-five sections relate to insurance companies incorporated under the laws of this state, define their powers, and prescribe their duties. The 56th section is as follows:

"Every person who shall undertake to act as an insurance agent for any company not incorporated under the laws of this state, shall first deposit with the recorder of the county in which he proposes to establish his agency, an authenticated copy of a resolution of such company, authorizing any citizen or resident of Indiana, having a claim growing out of a contract of insurance made with such agent therein, to sue for the same in any Court of this state, and consenting that service of process on such agent shall have the same force and effect as if served upon the president and directors of such company; and he shall also file an authenticated copy of his commission or power of attorney, under which he claims to act as such agent, and any insurance made or procured to be made by such agent or person acting on behalf of any foreign insurance company, contrary to...