People v. Fesler

Citations

• 145 Ill. 150
• 34 N.E. 146

Syllabus

<p>1. Insurance—action against agent of foreign company—averments of declaration. A declaration in an action by the people of the State against one acting as agent for a foreign insurance company which has failed to comply with the laws of this State, is bad on demurrer if it rails to allege that the company for whom the defendant acted as agent was a foreign insurance company. It is not sufficient to allege that he acted as the agent for “a company not organized or incorporated under the laws of” this State.</p> <p>2. Same —penalty for acting as agent of foreign company—hoio incurred. Under section 22 of the statute relating to insurance, a person can only be made liable for the penalty therein provided, by taking risk's or acting for an insurance company, association, or partnership, incorporated or organized under the laws of any other State of the United States or any foreign government.</p> <p>3. Same—fictitious company. If a person should assume to act as agent for a fictitious company, having no existence whatever, and take risks or transact other business in its name, he would not be guilty of a violation of section 22 of the act of 1869, entitled: “An act to incorporate and to govern fire, marine and inland navigation insurance companies, doing business in the State of Illinois,” though he might be prosecuted for so doing under the criminal code of the State.</p> <p>4. Pleading—actions to recover a penalty—strictness required. It Is well settled that in actions to recover a penalty under a highly penal statute, the averments of the declaration must bring the case clearly within the prohibition, and that the provisions of the statute must be strictly construed. The declaration in such a case is to be construed most strongly against the pleader, and every fact necessary to constitute the offense for which the penalty is sought to be recovered must he distinctly averred, and no intendments will be allowed in favor of the prosecution.</p>