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AMERICAN EQUITABLE ASSURANCE CO. OF N.Y. v. GOLD

No. 459.

106 S.E.2d 875 (1959)

249 N.C. 461

AMERICAN EQUITABLE ASSURANCE COMPANY OF NEW YORK, Great American Insurance Company, Hartford Fire Insurance Company, The Continental Insurance Company; and Virginia Fire and Marine Insurance Company, v. Charles F. GOLD, Commissioner of Insurance, Henry L. Bridges, I. Miller Warren, Charles F. Gold, Berry C. Gibson and Curtis H. Flanagan, Constituting the Board of Trustees of the North Carolina Firemen's Pension Fund, The North Carolina Firemen's Association, C. R. Puryear and Ray E. Scott. HARDWARE MUTUAL INSURANCE COMPANY OF THE CAROLINAS, Inc., v. Charles F. GOLD, Commissioner of Insurance, Henry L. Bridges, I. Miller Warren, Charles F. Gold, Berry C. Gibson and Curtis H. Flanagan, Constituting the Board of Trustees of the North Carolina Firemen's Pension Fund, The North Carolina Firemen's Association, C. R. Puryear and Ray E. Scott.

Supreme Court of North Carolina.

January 28, 1959.

Attorney(s) appearing for the Case

Allen & Hipp and Joyner & Howison, Raleigh, for plaintiffs-appellants.

Ehringhaus & Ellis, Raleigh, Malcolm B. Seawell, Atty. Gen., and Lucius W. Pullen, Asst. Atty. Gen., for defendants-appellees.

RODMAN, Justice.

Plaintiffs assert the statute in question violates both the State and Federal Constitutions in that it levies a tax not uniform in its application and denies to them the equal protection and due process of law.

When called upon to pass on the constitutionality of a statute, it is assumed that the Legislature has not trespassed on forbidden territory delineated by the people by constitutional restrictions. Every presumption favors the validity...

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