Miller ex rel. State v. Fidelity Union Fire Ins.

Citations

• 126 Miss. 301
• 88 So. 711

Syllabus

<p>1. Equity. On hearing of chancery cause on hill and answer before expiration of time for taking testimony, denials, averments, and admissions in answer must he taken as true.</p> <p>Where a cause pending in the chancery court is set down for hearing by the complainaat upon bill and answer before the time has elapsed for the taking of testimony, the court must consider the denials, the averments, and the admissions made in the answer as true. Section 603, Code 1906 (section 263, Hemingway’s Code).</p> <p>2. Equity. Monopolies. In penal suit for violation of Anti-Trust Law, unlawful agreement must he averred.</p> <p>In suits for the violation of chapter 119, Laws 1908 (Hemingway’s Code, section 3281, pars, [h] and [i], and section 3282), one of the necessary averments of the bill is the unlawful agreement mentioned in these sections. When the answer denies this agreement and the cause is set down for hearing upon bill and answer, as above stated, the denial of the answer is to be taken as true, and there is no violation of either of these sections.</p> <p>3. Monopolis. TJnlaioful agreement must he averred in prosecution of insurance companies for violationg Anti-Trust Law.</p> <p>In a suit for a violation of these sections of the Anti-Trust Law, one of the material averments in a bill, which must be either admitted by the answer or proved, is the fact of an unlawful agreement, either directly among the insurance companies themselves, or an agreement to absolutely delegate the power to fix the insurance rates to a rating bureau and to be bound by the rate established by the bureau.</p> <p>4. Monopolts. One insurance company cannot violate Anti-Trust Lavo hy adopting insiirance rate fixed hy other companies.</p> <p>One insurance company, in the absence of an agreement, coulcl not violate this law by independently adopting as its rate of insurance the advisory rate of this bureau.</p> <p>5. Monopolies. Denial of agreement to fix rates held sufficient in prosecution fo