Scott v. Fire Ass'n

Citations

• 13 S.D. 218
• 83 N.W. 90
• 1900 S.D. LEXIS 129

Syllabus

<p>1. A foreign insurance company, which sent a letter to the person acting as insurance commissioner, authorizing him to select a paper in which to publish its annual statement, and agreeing to pay therefor when the publication was completed, is liable therefor, whether the person to whom the letter was sent was a de jure or de facto commissioner when the contract for publication was made, since the selection of the paper and procuring the publication of the statement are no part of the commissioner’s duties.</p> <p>2. Laws 1897, Chap. 69, § 4, provides that the commissioner of insurance shall not act as a director, officer, agent, or attorney of, or be directly interested in, any insurance company. An insurance company authorized the person acting as insurance commissioner to procure the publication in a newspaper of its annual statement, and agreed to pay therefor when published satisfactorily to the commissioner. Ifelcl, that the company, after a satisfactory publication, cannot defend an action for the price of the publication on the ground that the commissioner was prohibited from acting as its agent.</p>