Skip to main content
Federal & State Lawfederalstatelaw.com
Home/Federal/Cases
Supreme Court· 1/14/1895

Hooper v. California

Citations

  • 155 U.S. 648
  • 15 S. Ct. 207
  • 39 L. Ed. 297
  • 1895 U.S. LEXIS 2113

Syllabus

<p>Section 439 of the Penal Code of California, making it a misdemeanor for a person in that State to procure insurance for a resident in the State from an insurance company not incorporated under its laws and which had not filed the bond required by the laws of the State relative to insurance, is not a regulation of commerce, and does not couflict with the Constitution of the United States, when enforced against the agent of a New York firm in California who, through his principals and by telegram, procured fora resident in California applying for it there, marine insurance on an ocean steamer, from an insurance company incorporated under the laws of Massachusetts, and which had not filed the bond required by the laws of California.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • affirming criminal conviction by declin‐ ing to read state statute as having extraterritorial applica‐ tion
  • stating \elementary rule\ that court must construe statutes reasonably to uphold their constitutionality
  • affirming criminal conviction by declining to read state statute as having extraterritorial application
  • “The elementary rule is that every reasonable construction must be resorted to, in order to save a statute from unconstitutionality.” (emphasis added)
  • “The elementary rule is that every reasonable construction must be resorted to, in order to save a statute from unconstitutionality.” (emphasis added)
  • “The elementary rule is that every reasonable construction must be resorted to, in order to save a statute from unconstitutionality.” (emphasis added)

Source: CourtListener parenthetical corpus (CC0).

Judges: White, Harlan, Brewer, Jackson

Read full opinion on CourtListener

Cited by

303 cases in this archive cite this case; the 20 most cited are listed.

Cites

18 cases in this archive are cited by this case.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.