The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1897-09-28
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the actual value Of more than fifty thou
sand dollars. Further, that on Fe5ru-
airy 20, 1897 as had been it's invariable
practice and custom for more than thir-
~ years prior thereto, it presented 70
| Webb McNaIl, one of the defendants
| herein, a statement signed by its vice
| president AMI secretary and verified by
| their oaths giving in detail and in strict
| compliance with the laws Of the state OF
| Kansas in relation thereto, the condi-
! ton Of the company on the first day OF
! January next preceding, and on the
same day presented to Webb McNall.
! defendant, as superintendent OF insuc-
ance, at mis- office in the city OF Topeka,
Kansas, a report made under oath by
the vice president of the company. a
copy of the report required by the laws
of The state Of New York, to be annual
ly made by the company to the superin-
| tendent of insurance Of the said state.
and Herewith presented a certificate of
| authority licensing said company 10
! transact its business Of life insurance in
| the state Of New York, issued by the su-
| pelin:endent Of insurance OF said state
| on or about the said day, and prior to
| the first day Of March. 1897. your orator
| rendered TO said Webb McNall, as SUI
| perintenden. Of insurance Of the state
! Of Kansas, all Of the money and fees
required 70 be paid to the said Webb
McNali, as superintendent Of insurance,
by the provisions of paragraph 1880 Of
the general statutes of 1889, and all 9TH
err statutes and regula tons enacted and
imposed by the state Of Kansas. being
| conditions prerequisite to the granting
OF permission by the said state TO the
complainant to carry on and transact its
business of life insurance within the
state Of Kansas. for and during the year
1897, and until the 2Sth day of February.
1898. That a: the time above mentioned
the said Webb McNall was the duly ap
pointed, qualified and acting superin-
tendent Of insurance Of the state Of Kan
sas and under the provisions OF the Laws
Of said state in relation to mis- office. was
the duly authorized and constituted Of
ficer and by said statutes and laws was
required 10 issue 10 life insurance COM
p5nies incorporated under the laws OF
other states certificates of authority
evidencing the permission of the state OF
Kansas that such life Insurance COM
panies were and should be entitled to
transact their said business within said
state for said period of time. And fur
thar, thai the said Webb McNall. defend
ant herein. pretending 10 act as such
superintendent OF insurance Of the state
1f Kansas, and as the agent of said
state in that behalf disregarded his
plain ministerial duty in the premises.
refused and declined. and still refuses
and declines to issue and deliver 10 the
said company certificate OF authority
under the seal of the insurance depart
ment, eviIencing the compliance Of said
company With all the laws OF said state
applicable 10 the defendant as a life in
surance corporation incorporated under
the laws of the state of New York, and
refused. and still refuses TO accept the
tender made by the company Of the
money and fees required 20 be paid and
accepted under the laws Of the state OF
Kansas.
Charges that said Webb McNall in his
actions in 50 refusing TO issue said per-
nit was instigated by malicious. wicked.
arbitrary and capricious design on his
part, 70 Cypress this company and de-
prive il OF its property without due pro-
cess of law. That the said Webb McNail
we'll knew and had frequently publicly
admitted that said company was solvent
and had been solvent for long time pri-
or 70 said application. and that the said
company had complied with all the lave.
rules and regulations enacted and impos-
ed by the state OF Kansas concerning
said company, and that the sole cause OF
said arbitrary. wicked and malicious AS
sertion of authority on The part OF the
said Webb McNall was the purpose OF
compelling said company 10 pay one Sal
lie Z. Hillmon a claim she pretended 70
have against said company for large
sum Of money. to-wit: more than $4,000.
without her first obtaining any judg-
mant Of any court for the same. Makes
a letter written by the said Webb Nc
Nall to the agen; OF said company part
OF said bill. which letter is as follows:
Topeka, Kansas. March 5. 1897. John
E. Lord, General Agent Mutual Life In
surance Company Of New York, Topeka,
Kansas. Dear Sir, Replying 10 your re-
ouess for license % do business in this
state for the ensuing year after You had
fled your annual statement and after
your check in the sum % 800 in payment
OF fees had been rendered 70 his depart
ment. L will say tina; on evidence salts
factory 20 this department; l am satisfied
that your company has not dealt fairly
with the plaintiff. Mrs. Saliie E Hiilmon.
in refusing % pay the death loss and in
me Irrigation OF the same. persa ming %
her deceased husband. Hence This de-
partment refuses 20 issue - me Mutual
Life Insurance company o. New York a
license - DO business in this state for
The ensuing year. Your check in the
sum Of 500 i herewith returned. Very
respectfully, Webb McNall, Superin;end-
ens
Complainant further states in relation
- said claim % said Sallie E. Hilimon
,ha; there was presented - the defend
ant claim by ne said Sallie Z. Hiiimen
demanding paymen. by said company 10
her % the sum gilmore t-lan $40 600 which
4. was claimed by said Sallie E. Hill
mon This company owed her on accoun; !
OF the issuance by the company 20 one
John ". Hi.imon az a certain policy OF !
life insurance. 1; alleges tha; he claim
OF the said SaIlie e H.ilnoa being false !
and fraudulent. vas denied and refused.
ana thereafter, ari during ne year 1873, |