Morgan v. Mutual Benefit Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Mutual Benefit Life Insurance Company, from an order of the Supreme Court, made at the Erie-Special Term and entered in the office of the clerk of the county of Erie on the 26th day of October, 1906, denying the said defendant's motion to vacate an order theretofore entered directing service of the summons herein upon certain defendants by publication.
1Opinion of the Court
Kruse, J.:
The defendant insurance company, although it lias been properly served with the summons, attacks the order directing the service by publication of, the summons upon its non-resident' ’codefendants,, upon the .ground that such service will not be effective and a judgment so obtained will not be binding upon the defendants served in . - that manner. ’ -
The action is brought - upon a life insurance policy of $5,000, / issued by the insurance company. and delivered in, -this State to a resident thereof, who assigned. the same with the consent of the ■ insurance company in- the State,…
2Cases cited9 opinions
- Schooner Exchange v. McFaddonSupreme Court of the United States · 1812
- Harris v. BalkSupreme Court of the United States · 1905
- Douglass v. Phenix InsuranceNew York Court of Appeals · 1893
- Sulz v. Mutual Reserve Fund Life Ass'nNew York Court of Appeals · 1895
- Steinbach v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1902
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Dorsey v. Metropolitan Life Ins. Co.Louisiana Court of Appeal · 1933
- Morgan v. Mutual Benefit Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1909
- Schoenholz v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1921
- Schoenholz v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1920
- Morgan v. Mutual Benefit Life InsuranceCalifornia Court of Appeal · 1911
3 more not listed; retrieve them via the Exa API.