The Firemen's Benevolent Ass'n v. Lounsbury

• Decision Date: 30 April 1859
• Citation: 74 Am.Dec. 115,1859 WL 6775,21 Ill. 511,11 Peck 511
• Parties: THE FIREMEN'S BENEVOLENT ASSOCIATION, Plaintiff in Error,v.WALES B. LOUNSBURY, Defendant in Error.
• Court: Illinois Supreme Court

21 Ill. 511
1859 WL 6775 (Ill.)
74 Am.Dec. 115
11 Peck (IL) 511

THE FIREMEN'S BENEVOLENT ASSOCIATION, Plaintiff in Error,
v.
WALES B. LOUNSBURY, Defendant in Error.

Supreme Court of Illinois.

April Term, 1859.

ERROR TO COOK.

The legislature has the right to provide, that foreign fire insurance companies may be burthened for the benefit of the Chicago Firemen's Benevolent Association, and that the revenue resulting from such burthens, need not be paid into the state treasury.

That the burthen imposed, is not incompatible with the title of the bill authorizing it, and that the whole is properly expressed, by the title of the bill.

THIS was an action of debt in the court below, brought to recover of the defendant in error, the two per cent. mentioned in the sixth section of an act, entitled, “An Act to incorporate the Firemen's Benevolent Association, and for other purposes,” approved June 21st, 1852.

This section is as follows:

“There shall be paid to the treasurer of said association, for the use and benefit of such association, by every person who shall act in the city of Chicago, as agent for, or on behalf of any individual or association of individuals, not incorporated by the laws of this State, to effect insurances against loss or injury by fire, in the city of Chicago, although such individuals or associations, may be incorporated for that purpose, by another State or country, tho sum of two dollars upon the hundred dollars, and at that rate, upon the amount of all premiums, which, during the year or part of year, ending on the next preceding first day of December, shall have been received by such agent or person, or received by any other person for him, or shall have been agreed to be paid for any insurance effected or agreed to be effected or promised by him, as such agent or otherwise, against loss or injury by fire, in the city of Chicago.”

The defendant below demurred generally to the declaration and the principal question raised upon the argument, was the legality of the charter of the Firemen's Benevolent Association, and particularly of the 6th section, quoted above. The demurrer was sustained by the Circuit Court, MANNIERE, Judge, presiding, and the plaintiff in error brings the case to this court, assigning as error, the ruling of the Circuit Court on the demurrer.

Such portions of the act of incorporation as are necessary to be referred to, are contained in the following sections:

Sec. 1. Incorporates all such persons as now are, or hereafter may become members of the Firemen's Benevolent Association of the city of Chicago, in accordance with the provisions of the constitution of said association, and the by-laws of the

[21 Ill. 512]

board of directors of said association, under the name of the “Firemen's Benevolent Association of the city of Chicago.”

Sec. 2. Gives said corporation power to make and establish a constitution...