Johnston v. Mutual Reserve Life Insurance
Appellate Division of the Supreme Court of the State of New York
/Appeal by the defendant, the Mutual Reserve Life Insurance ' Company, in each of the above-entitled actions,"from an order of the Appellate 'Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 18th day of November, 1904, affirming a judgment of the City Court of'the city of New York in favor of the plaintiff, entered in the office of the clerk of. said court on the 25th day of February, 1904, and also affirming an order of the said…
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/Appeal by the defendant, the Mutual Reserve Life Insurance ' Company, in each of the above-entitled actions,"from an order of the Appellate 'Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 18th day of November, 1904, affirming a judgment of the City Court of'the city of New York in favor of the plaintiff, entered in the office of the clerk of. said court on the 25th day of February, 1904, and also affirming an order of the said City Court entered on the 1st day of February, 1904, granting the plaintiff an extra allowance. These are actions upon…
1Opinion of the Court
Laughlin, J.:
The respondent, while contending that the facts found as shown by the judgment roll of the court in North Carolina established that the defendant was doing business in that State at the time of the service of process within the authority of Mutual Reserve Fund Life Association v. Phelps (190 U. S. 147) and cases there cited, and that the designation of the agent alone was sufficient; also contends that he had a right — when the jurisdiction of the court upon the face of the judgment roll was questioned, before the Phelps case had been reported and before the decision in Woodward…
2Cases cited4 opinions
- Mutual Reserve Fund Life Assn. v. PhelpsSupreme Court of the United States · 1903
- Woodward v. . Mutual Reserve Life Ins. Co.New York Court of Appeals · 1904
- Moore v. Mutual Reserve Fund Life Ass'nSupreme Court of North Carolina · 1901
- Woodward v. Mutual Reserve Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by3 opinions
- Johnston v. Mutual Reserve Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1905
- Chipman, Ltd. v. Thomas B. Jeffery Co.District Court, S.D. New York · 1919
- Lambert v. Mutual Reserve Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1905