{
  "id": 1403490,
  "name": "Austell v. Union Central Life Insurance Company",
  "name_abbreviation": "Austell v. Union Central Life Insurance",
  "decision_date": "1928-01-23",
  "docket_number": "",
  "first_page": "1143",
  "last_page": "1145",
  "citations": [
    {
      "type": "official",
      "cite": "175 Ark. 1143"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 284,
    "char_count": 4150,
    "ocr_confidence": 0.507,
    "pagerank": {
      "raw": 8.138363859351185e-08,
      "percentile": 0.47328898325732505
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    "sha256": "3241e3b688704b5ca1395419971046a9891bfca7d4c40df4b65299f2a0f0d0af",
    "simhash": "1:810074d84543d73c",
    "word_count": 680
  },
  "last_updated": "2023-07-14T21:22:20.068429+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Smith, J., concurs in judgment."
    ],
    "parties": [
      "Austell v. Union Central Life Insurance Company."
    ],
    "opinions": [
      {
        "text": "Humphreys, J.\nAppellee brought suit in the chancery court of Cross County against appellants to foreclose a deed of trust describing 1006 acres of land on St. Francis River, in said -county, which was executed to Louis Breitling, trustee for the Union Central Life Insurance Company, one of the appellees, to secure an indebtedness of $20,000 for borrowed money, evidenced by notes dated April 3, 1922. Appellant filed an answer denying appellees\u2019 right to recover on the contract, because the appellee corporation had failed to file its charter, or articles of incorporation or association, in the office of the Secretary of State, as required and provided by \u00a7 1826 of Crawford & Moses\u2019 Digest, and invoking the penalty imposed by the last paragraph of \u00a7 1832 of Crawford & Moses\u2019 Digest, which is as follows:\n\u201cAny foreign corporation which shall fail or refuse to file its articles of incorporation or certificates as aforesaid cannot make any contract in this State which can be enforced by it, either in law or in equity, and the complying with the provisions of this act after the date of any such contract, or after any suit is instituted thereon, shall in no way validate such contract.\u201d\nThe cause was submitted to the court upon the pleadings and testimony, which resulted in a decree in favor of appellees for the amount alleged to be due, and of foreclosure of the mortgage lien, and an order of sale of the lands to satisfy same, from which is this appeal.\nThe only question necessary to be determined on the appeal is whether appellee- corporation had a right to make the contract and enforce same in Arkansas.\nAppellee corporation did not qualify under \u00a7 1826 of Crawford & Moses\u2019 Digest to do a loan business in the State before entering into the contract in question, but it had complied with the statutes of the State covering foreign life insurance companies in order to do business in the State, which requirements will be found in \u00a7\u00a7 6059\u2018 to 6065, inclusive, of Crawford & Moses \u2019 Digest.\nAppellee corporation introduced Eobert Eoudebush, its financial agent, who testified that it was authorized to do business- in the State of Arkansas for the entire year of 1922 and at all times since. .He attached the last certificate of compliance, in form and substance like the others, to his testimony as Exhibit A, which is as follows:\n\u201cState of Arkansas\nDepartment of Insurance and Revenues Little Rock.\nCertificate of Compliance.\n\u201cI, W. E. Floyd, Commissioner of Insurance and Revenues, do hereby certify that the Union Central Life Insurance Company of Cincinnati, Ohio, is duly authorized under the laws of this State, with a paid-up capital of $2,500,000, and the records of our office show that the company was authorized to transact business in Arkansas for the year 1922,....................................($........................) and is authorized for the year ending March, 1927, to transact the business of life insurance, insurance as specified in, its charter on file in this department, and provided for by the insurance laws.\n\u201cIn testimony whereof I have hereto subscribed my name and affixed my official seal at the city of Little Rock, this 7th day of June, 1926.\n\u201cW. E. Floyd,\n(Seal) \u2018 \u2018 Commissioner of Insurance and Revenue\n\u201cBy Claud Duty,\n\u201cDeputy Commissioner of Insurance and Revenue.\u201d\nIt will be observed that this certificate authorizes appellee corporation to do life insurance business in Arkansas in accordance with the provisions of its charter on file in said department. Under the rule that courts will take judicial notice of documents of this nature, we have examined the charter and by-laws filed by appellee corporation in the Insurance Department, and we find that article 6 of its by-laws authorizes its executive committee, under the direction of its board of directors, to invest the funds of the corporation, make all loans, and do such other business as the board may direct.\nThe decree is therefore affirmed.\nSmith, J., concurs in judgment.",
        "type": "majority",
        "author": "Humphreys, J."
      }
    ],
    "attorneys": [
      "J. G. Brookfield, for appellant.",
      "Thomas E. Lines, for appellee."
    ],
    "corrections": "",
    "head_matter": "Austell v. Union Central Life Insurance Company.\nOpinion delivered January 23, 1928.\nJ. G. Brookfield, for appellant.\nThomas E. Lines, for appellee."
  },
  "file_name": "1143-01",
  "first_page_order": 1159,
  "last_page_order": 1161
}