Murray v. American Casualty Insurance
Appellate Division of the Supreme Court of the State of New York
. Appeal by the. defendant, the American Casualty Insurance Company of Oneonta, N. Y., from a judgment of the County Court of Chemung county, entered in the office of the cleric of the county of Chemung on the 29th day of December, 1902, affirming a judgment of the City Court of Elmira in favor of the plaintiff, and also from an order of said County Court upon which such judgment of affirmance was -entered.' . The action was brought.in the City Court of Elmira under a…
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. Appeal by the. defendant, the American Casualty Insurance Company of Oneonta, N. Y., from a judgment of the County Court of Chemung county, entered in the office of the cleric of the county of Chemung on the 29th day of December, 1902, affirming a judgment of the City Court of Elmira in favor of the plaintiff, and also from an order of said County Court upon which such judgment of affirmance was -entered.' . The action was brought.in the City Court of Elmira under a certificate of membership, issued by the defendant "to the plaintiff, providing for the payment -to the plaintiff of a weekly…
1Opinion of the Court
Chester, J.:
The appellant insists that the amendment of section 2881 of the Code of Civil Procedure, made in 1895 (Chap. 349), which authorizes the service of the summons in a Justice’s Court upon a local agent of an insurance company residing in the county, when no other person resides in the county upon whom service can be made and when no person has been designated pursuant to such section npon whom process may be served, which is the case here, does not apply, as the jurisdiction of the City Court over defendants is fixed by the charter of Elmira, which it is claimed is not changed by…
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