Legal Opinion

Tucker v. Columbian National Life Insurance

Massachusetts Supreme Judicial Court

Decided February 27, 1919PublishedCited by 15 opinions

Contract against the Columbian National Life Insurance Company, a corporation organized under the laws of this Commonwealth, on a judgment for $285.60 obtained by the plaintiff in the Circuit Court of Jefferson County in the State of Alabama.

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Contract against the Columbian National Life Insurance Company, a corporation organized under the laws of this Commonwealth, on a judgment for $285.60 obtained by the plaintiff in the Circuit Court of Jefferson County in the State of Alabama. Writ inj the Municipal Court of the City of Boston dated March 7, 1916. The defendant’s answer alleged that by the record of the Alabama court it appeared that the judgment declared upon was rendered on December 18, 1915, and was void and of no effect by reason of the following facts: That the plaintiff’s claim upon which the alleged judgment was based…

1Opinion of the CourtRugg, C. J.

This is an action on a judgment recovered in an Alabama court against the defendant as a non-resident. The judgment was by default and was based upon service on the insurance commissioner of Alabama, whom the defendant in 1909 had appointed to be and remain its agent for that purpose, as required by the Alabama statute. By force of that statute that appointment was to “continue in force irrevocably as long as any liability of the company remains outstanding in this State.” The certified copy of the judgment record of the Alabama court was in evidence and is printed in the record at bar. It…

2Cases cited10 opinions

  1. Galpin v. PageSupreme Court of the United States · 1874
  2. St. Clair v. CoxSupreme Court of the United States · 1882
  3. Hunter v. Mutual Reserve Life InsuranceSupreme Court of the United States · 1910
  4. Provident Savings Life Assurance Society v. KentuckySupreme Court of the United States · 1915
  5. Van Norman v. GordonMassachusetts Supreme Judicial Court · 1899

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3Cited by15 opinions

  1. Fed. Sec. L. Rep. P 94,913 Asset Allocation and Management Company v. Western Employers Insurance CompanyCourt of Appeals for the Seventh Circuit · 1990
  2. Tuells v. FlintMassachusetts Supreme Judicial Court · 1933
  3. Corkum v. ClarkMassachusetts Supreme Judicial Court · 1928
  4. Ladd v. BrickleyCourt of Appeals for the First Circuit · 1946
  5. Portland Maine Publishing Co. v. Eastern Tractors Co.Massachusetts Supreme Judicial Court · 1935

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