Herbring v. Lee
280 U.S. 111 (1929)

Annotate this Case

U.S. Supreme Court

Herbring v. Lee, 280 U.S. 111 (1929)

Herbring v. Lee

No. 17

Argued October 23, 24, 1929

Decided November 25, 1929

280 U.S. 111

Syllabus

1. The Oregon law (2 Ore. L. Tit. 36, § 6388) requiring each foreign fire insurance company to do its local business through licensed local agents, restricting the number of agents that may be appointed by a company in any city, and providing that, as a condition precedent to appointment of an additional agent in a city, the company shall apply to the Insurance Commissioner and pay an annual license fee of $500 is a regulation of the corporation,

Page 280 U. S. 112

and not an attempted regulation of or an interference with the rights of individuals to carry on the business of insurance agent. P. 280 U. S. 116.

2. Whether this regulation is arbitrary and unconstitutional as applied to the corporation is not open for decision in the absence of any assignment of error raising that question in a suit maintained solely by an individual for the assertion of his personal interest in being appointed the company's agent. P. 280 U. S. 117.

126 Ore. 588 affirmed.

Appeal from a judgment of the Supreme Court of Oregon which reversed a judgment ordering the state Commissioner of Insurance to issue to the present appellant a license to act as agent of a fire insurance company without payment of the license fee required of the company by statute.

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