United States Supreme Court Cases & Opinions

U.S. Supreme Court

Bothwell v. Buckbee, Mears Co., 275 U.S. 274 (1927)

Bothwell v. Buckbee, Mears Company

No. 169

Submitted October 3, 1927

Decided December 5, 1927

275 U.S. 274

Syllabus

1. Since a contract of insurance, although made with a corporation having its office in a state other than that in which the insured resides and in which the interest insured is located, is not interstate commerce, a state may prohibit a foreign insurance company from doing business within its borders without first obtaining a license. P. 275 U. S. 276.

2. While a state may not forbid a resident from making a contract with a foreign insurance company outside the state, it may forbid the solicitation of such contract within the state by a company which has not complied with its laws, and may refuse the aid of its courts in enforcing a contract made in another state but growing out of such solicitation. P. 275 U. S. 276.

3. A state may refuse to enforce a contract made by one of its residents in another state with a foreign assurance company where the contract contemplates the performance by the company within the acts forbidden by its laws. P. 275 U. S. 278.

4. On writ of error or certiorari to a state court, this Court will not take judicial notice of statutes of another state not proved or judicially noticed in the court below. P. 275 U. S. 279.

169 Minn. 516,= affirmed.

Certiorari, 273 U.S. 689, to a judgment of the Supreme Court of Minnesota affirming dismissal of an action brought by the receivers of a Maryland insurance company to recover the amount of an assessment made on the respondents under a policy for strike insurance. See also 166 Minn. 285.

Page 275 U. S. 275