Minnesota Commercial Men's Assn. v. Benn

Petitioner is a mutual assessment, accident and health insurance company, incorporated under the laws of Minnesota, with many members scattered throughout the Union. It issued a certificate of membership to Robert J. Benn, of Montana. He died in 1915, and his executrix — respondent here — instituted an action against the Association in a Montana court to recover the sum said to be due under the rules. • After service of summons and complaint upon the Secretary, of State and the Insurance Commissioner, judgment was entered by default. Thereafter she brought an action in Minnesota upon the…