Friend v. Scottish Union & National Insurance

The opinion of the court was delivered by

Katzenbach, J.

This is a motion to vacate the service of a summons. The plaintiff took out a policy in the Scottish Union and National Insurance Company, a foreign corporation, to insure him against the theft of a Hudson sedan car. The car was stolen in August, 1925. The loss was not adjusted and the assured commenced an action against the company. The sheriff of Essex county made the following return upon the summons:

“Served the within summons and complaint February 20th, 1926, personally upon E. IT. Diffily, agent in charge Scottish Union and National…