Lee Mutual Fire Insurance v. State

Citations

• 60 Miss. 395

Syllabus

<p>1. Indictment. Synonymous words. Surplusage.</p> <p>The Lee Mutual Five Insurance Association was indicted for exercising the privilege of a “fire insnrance company or association,” without having first paid for and obtained license in accordance with sect. 85, Code 1880. A motion was made to quash the indictment on the ground that it was “ vague and uncertain.” Held, that the words, “association” and “company,” as used in the indictment are synonymous, and that though the use of them was surplusage, it produced no uncertainty in the indictment.</p> <p>2. Criminal Law. Fire insurance company. Definition. Sect. 585, Code 1880.</p> <p>When an association or company undertakes and promises in consideration of a a sum received and appropriated to their own use by its officers and members to give security or indemnity against loss by fire, it becomes a fire insurance company, and is liable to the privilege tax imposed by sect. 585 of Code 1880; notwithstanding it may be conducted upon the mutual co-operative plan, owning no property and accumulating no fund for the payment of its losses, but relying solely upon assessments upon its policy-holders to meet each successive loss, and obligating itself to pay only such amount as the assessments may yield.</p>