Legal Opinion

Folger v. Columbian Insurance

Massachusetts Supreme Judicial Court

Decided March 15, 1868PublishedCited by 84 opinions

Trustee process, by a citizen of Massachusetts against an insurance company incorporated under the laws of New York, and having an agent duly appointed under the Gen. Sts. c. 58, § 68, to receive service of process in Massachusetts, on whom service was made in this action ; upon policies of insurance written by the defendant corporation at Boston on the plaintiff’s interest in the ship Spark of the Ocean.

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Trustee process, by a citizen of Massachusetts against an insurance company incorporated under the laws of New York, and having an agent duly appointed under the Gen. Sts. c. 58, § 68, to receive service of process in Massachusetts, on whom service was made in this action ; upon policies of insurance written by the defendant corporation at Boston on the plaintiff’s interest in the ship Spark of the Ocean. Writ dated March 22, 1866. John L. Priest, one of the parties summoned as trustees, admitted in his answer the possession of funds belonging to the corporation. In the superior court George…

1Opinion of the CourtGray, J.

A corporation, being an artificial person, created by local Jaws, has no existence or powers beyond the jurisdiction of the state by whose laws it is created, except so far, and under such restrictions and conditions, as may be recognized and permitted by the laws and comity of other states. In this state, hovyever, as in most others, a foreign corporation may make contracts within the scope of its charter, and may sue and be sued thereon. Bank of Augusta v. Earle, 13 Pet. 519. Kennebec Co. v. Augusta Insurance & Banking Co. 6 Gray, 208. American Insurance Co. v. Owen, 15 Gray, 491. By the…

2Cases cited13 opinions

  1. Bank of Augusta v. EarleSupreme Court of the United States · 1839
  2. Thatcher v. PowellSupreme Court of the United States · 1821
  3. Mumma v. Potomac Co.Supreme Court of the United States · 1834
  4. D'Arcy v. KetchumSupreme Court of the United States · 1851
  5. Verplanck v. Mercantile InsuranceNew York Court of Chancery · 1831

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3Cited by84 opinions

  1. Hibernia National Bank v. . LacombeNew York Court of Appeals · 1881
  2. Sache v. WallaceSupreme Court of Minnesota · 1907
  3. Guilford v. LoveTexas Supreme Court · 1878
  4. Petrogradsky Mejdunarodny Kommerchesky Bank v. National City BankNew York Court of Appeals · 1930
  5. Hendrick v. WhittemoreMassachusetts Supreme Judicial Court · 1870

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