60 N.H. 458 | N.H. | 1881
The case appears to have been tried upon the theory that the note and policy are Massachusetts contracts. But it does not appear where they were signed, or dated, or made payable. There is nothing to show that they are Massachusetts contracts, either made or to be performed in that state. Upon the facts stated, which are meagre, the legal inference is that they are New Hampshire contracts, governed by the laws of New Hampshire.
The plaintiffs are not a corporation, but a partnership or association, and are prohibited from the transaction of the business of insurance in this state until they comply with the provisions of *460
our statutes. Gen. Sts., c. 159; Laws 1876, c. 11, s. 1; Laws 1870, c. 1, s. 1. But a contract of insurance made by them in this state is valid, notwithstanding their failure to comply with our laws. Gen. Sts., c. 159, s. 10. The question then is, whether they can recover a premium note given for insurance which they were forbidden to contract. In Haverhill Insurance Company v. Prescott,
The policy was binding upon the plaintiffs, although not signed by their president. Such a provision in the charter or by-laws of an insurance company is regarded as merely enabling and not a restriction of the general power to effect contracts in any other lawful and convenient mode. May Ins. (1st ed.), s. 23, and authorities cited. The maxim expressio unius, etc., is not of universal application, but depends upon the intention of the party as *461 discoverable upon the face of the instrument or of the transaction. Bro. Max. 653. The provision in the plaintiffs' articles of association requiring the signature of their president, does not exclude the issuing of policies without it.
Exceptions overruled.
CLARK, J., did not sit: the others concurred.