60 So. 731 | Miss. | 1912
delivered the opinion of the court.
Appellant was convicted upon an indictment charging him with soliciting fire insurance contracts, and delivering a certain insurance policy, and collecting the premium therefor, which policy was written by a company not authorized to do business in this state. There is no substantial conflict in the evidence for the state and the evidence for the defendant below. In our view of the facts, and according to our construction of sections 1248. 2615, and 2616 of the Code of 1906, the defendant was guilty, both upon' the state’s evidence and his own testimony.
It is contended by appellant that he was acting as the agent of the assured throughout the whole transaction; that the assured requested him to secure the insurance for him; that it was secured by him, through a brokerage firm in Cincinnati; that he had no dealings with the* company issuing the policy; that he obtained the insurance purely as an accommodation to the assured, receiving no commission or other reward. He admits that he delivered the policy and collected the premium, but insists that he transmitted the premium to the brokerage firm, not to the company.
' The statute making it a misdemeanor to act as agent for an insurance company not authorized to. do business in the state was designed to protect citizens of the state.
Affirmed.