State ex rel. Circuit Attorney v. Charter Oak Life Insurance
State ex rel. Circuit Attorney v. Charter Oak Life Insurance
Opinion of the Court
delivered the opinion of the court.
The petition sets forth that the defendant is a corporation created under the laws of the State of Connecticut for the purpose of doing a life-insurance business in each and every State of the United States ; that defendant has had at all the times stated, and now has, an authorized and duly accredited agent or attorney in the city of St. Louis to receive service of process in any and all suits or actions against defendant, in accordance with the statute in such case made and provided ; that on or about August 3, 1877, William S; Relfe, superintendent of the insurance department of the State of Missouri, revoked the certificate of authority or license to do business of life insurance within said State of Missouri which had theretofore been held by defendant, ‘and no such certificate or license has since that time been issued to or held by defendant; that on August 5, 1877, in the city of St. Louis, defendant solicited and did business of life insurance, and
The petition then proceeds, in one hundred and twenty counts, to charge the issuing by defendant of as many separate policies, in like violation of law, and asks for a like judgment as to each one.
The defendant filed a general demurrer, which was sustained.
Wagner’s Statutes (p. 749, sect. 30) declares that it shall not be lawful for any person to act within this State, as agent or otherwise, in receiving or procuring applications, etc., “for any life assurance company or association incorporated by or organized under the laws of the United States, or any other State of the United States, or foreign government,” unless certain conditions exist, which are specified in other provisions of the act. By sect.. 36, p. 751, it is enacted that no such company as is mentioned in the section above quoted “ shall transact in this State any business, etc., * * * unless it shall first procure from said superintendent a certificate stating that the foregoing requirements have been complied with, and authorizing it to do business,” etc. By sect.. 41, p. 753, it is provided that, upon ascertaining certain results in an examination to be made by the superintendent, “ he shall revoke the certificate of authority granted to such company; • and the agent or agents of such company are, after such revocation and notice, required to discontinue the issuing of any new policies or the collection of any premiums.” Sect. 52, p. 758, is as follows: “Every violation of this act shall subject the party violating to a penalty of $500 for each violation, which shall be sued for and recovered in the name of the State of Missouri, by the attorney-general of the State or the circuit attorney of the circuit in which the
The question to be determined is, whom, in the case of foreign insurance companies, does the fifty-second section, above quoted, intend to punish for violation of the act? Is it the non-resident corporation or the resident agent? If we suppose the former, our attention is at once arrested by the phenomenal attempt to inflict penal consequences on a wrong-doer not corporeally subject to the jurisdiction of the courts of the State. The action to be brought, it is true, is a civil one. But, in so far as the statute proposes to prevent infractions of law by the interposition of fine and imprisonment, the remedy sought is purely penal. Before we can decide that the Legislature intended such an anomalous procedure, we must , find in the language used a clear and unquestionable expression of that distinct purpose. If any other construction is at all admissible, such construction must be adopted.
It cannot be disputed that the expressions, “ the party violating,” in the first part of the section, and “the party so offending,” near the close, mean one and the same person or party. If, therefore, any person or party cannot possibly be meant in one of these connections, it will be absurd to consider such person or party as referred to in the other. Now, it is clear that the foreign corporation was not in the legislative contemplation when the liability to imprisonment was declared. It is therefore unreasonable to suppose that the money penalty was intended, in any case, to
It would admit a supposition of one person or party liable to a payment of $500, while a different person or party would be subject to imprisonment for its non-payment. For the same infraction of law, also, one class of offenders would be subject-to a money judgment only, while another might incur personal incarceration besides.
Plaintiff’s counsel, evidently perceiving these difficulties, ai’gues that if a statute express first a general ixxtent, and afterwards a particular inconsistent ixxtexxt, the latter will be taken as aix exceptioxx to the former, and both will staxxd, citing Stockett v. Bird, 18 Md. 484. The xmle of interpretation cannot be applied here, and the case cited has no sort of axxalogy with the present. A Maryland statute provided that when a married womaxx died intestate, leaving no children, her persoxxal px-operty should vest absolutely ixx her husbaxxd. The same statxxte provided, in another section, that the dioses in action not x-educed into possessioix by the husband of a feme covert dying intestate should go to her personal representatives. Here was a conflict, appearing on the face of the statute, between two of its provisions: the first, by the generality of its terms, compx’ehending the subject-matter of the second, which was disposed of, nevertheless, in a way ixxconsistexxt with the gexxeral provision. In other words, the conflict was between a general and a special provision of the same law. To say that ixx such cases the special provision will be treated as creating an exception, is only to express in differexxt form the settled doctrine that a law special ixx its operation will always prevail over a general law embracing the same subject. But in the case before us there is no field for the operatioix of that doctrine. The incongruity is not between a general and a special provision of the statute; nor is it between the expressions, “the party violating,” in one part of the law, axxd “ the party so offending,” in another part.
There is corroborative authority in other provisions of the act, for the interpretation, which we favor. The status of the defendant must here be considered as it is described in the petition, viz.: that of a corporation which has held- a
The judgment is affirmed.
Reference
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- State of Missouri, ex rel. Circuit Attorney v. Charter Oak Life Insurance Company
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