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THE STATE OF NEW JERSEY, ON COMPLAINT OF THE COMMISSIONER OF BANKING ANDINSURANCE, PLAINTIFF-APPELLANT, v. IRVING MORESH, DEFENDANT-RESPONDENT.

1. The statute regulating the transaction of insurance business in this state ( Pamph. L. 1902, p. 407, as amended and supplemented) has no application to the doing of an insurance business by an individual.

2. A construction of a statute by the courts, supported by long acquiescence on the part of the legislature, or by continued use of the same language or failure to amend the statute, is evidence that such construction is in accordance with the legislative intent.

PER CURIAM.

The judgment under review herein should be affirmed, for the reasons expressed in the opinion delivered by Judge Oliphant.

For affirmance — THE CHANCELLOR, CHIEF JUSTICE, TRENCHARD, HEHER, PERSKIE, PORTER, HETFIELD, DEAR, WELLS, WOLFSKEIL, JJ. 10.

For reversal — PARKER, CASE, BODINE, DONGES, RAFFERTY, WALKER, JJ. 6.

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STATE v. MORESH
(Jan 13, 1939)