State ex rel. Le Blanc & Railey, Ltd. v. Michel

Citations

• 113 La. 4
• 36 So. 869
• 1904 La. LEXIS 605

Syllabus

<p>CORPORATION — VALIDITY — INSURANCE AGENTS —ULTRA VIRES.</p> <p>1. The terms of plaintiff’s charter were inserted therein with the view of acting as the agent of persons or corporations; that is, “to conduct the business of acting as agents.”</p> <p>2. A company domiciled abroad appointed the relator company its agent.</p> <p>3. The Secretary of State declined to issue a certificate to relators to authorize them to act as agents of the foregoing company.</p> <p>4. The relators’ charter is not ultra vires of Acts 18S8, p. 27, No. 36.</p> <p>5. Agency may be a “business” or “enterprise” which the cited act authorizes. The business of agency is lawful, and not under the ban of the law when properly conducted.</p> <p>6. Acts of the Legislature prior to the cited act restricted business to be conducted by corporations.</p> <p>7. The first cited act adopted subsequently authorizes corporations to carry on mercantile and other business, including that of relator, when it is conducted as a “business” or an “enterprise,” to quote the words from the act.</p> <p>(Syllabus by the Court.)</p>