Opinions And Papers of Stephen J Field And Others volume 1
Opinions And Papers of Stephen J Field And Others volume 1
Stephen Field And George C Gorham
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There is noth- ing in the opinion in Paul vs. Virginia which gives any support to it. The statute of Virginia, which was under consideration in that case, provided that no insurance company not incorporated under its laws should do business within the state without pre- viously obtaining a license for that purpose; and that it should not receive such license until it had deposited with the treasurer of the state bonds of a specified 'character to an amount varying from thirty to fifty thousand ...dollars. Xo such deposit was re- quired of insurance companies incorporated by the state for carry- ing on their business within it; and in that case the validity of the discriminating provisions of the statute, between the corpora- tions of the state and those of other states, was assailed. It was contended, among other things, that the statute was in conflict with the power vested in Congress to regulate commerce among the several states; that the power included commerce carried on by corporations as well as that carried on by individuals; and that the issuing of a policy of insurance upon property in one state by a corporation of another state was a transaction of inter-state commerce.
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