Swing v. Cameron
Michigan Supreme Court
Case made from Antrim; Mayne, J. Assumpsit by James B. Swing, trustee, for tbe creditors 'and policy holders of the Union Mutual Fire-Insurance Company of Cincinnati, Ohio (dissolved), against Archibald Cameron, James Cameron, and John Cameron, co-partners as Cameron Brothers, for an assessment. There was judgment for defendants, and plaintiff appeals.
1Opinion of the CourtHooker, J.
The questions in this case are two:
1. May an action brought by a receiver or trustee of a ■foreign mutual insurance company, which has never ob*176tained authority to do business in Michigan, upon a policy issued to a resident of this State by said company in. Cincinnati, upon an application sent by mail from Chicago, upon a sawmill situate in this State, to recover an assessment, as provided in its policy, to pay losses, be defeated upon the ground that the plaintiff has no right to prosecute in the courts of this State ?
2. Can such defense be made under a plea of the general issue and without…
2Cases cited14 opinions
- Allgeyer v. LouisianaSupreme Court of the United States · 1897
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- Richardson v. BuhlMichigan Supreme Court · 1889
- Seamans v. Temple Co.Michigan Supreme Court · 1895
- Swing v. MunsonSupreme Court of Pennsylvania · 1899
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3Cited by5 opinions
- Meek v. WilsonMichigan Supreme Court · 1938
- International Harvester Co. of America v. Eaton Circuit JudgeMichigan Supreme Court · 1910
- Smilansky v. Mandel Bros.Michigan Supreme Court · 1931
- Employers Mutual Insurance v. PakradooniSuperior Court of Pennsylvania · 1924
- Bothwell v. Buckbee, Mears Co.Supreme Court of Minnesota · 1926