Legal Opinion

Kulberg v. Fraternal Union

Supreme Court of Minnesota

Decided November 12, 1915No. Nos. 19,446—(32)PublishedCited by 13 opinions

Action in tbe district conrt for Eamsey county to recover $2,000 upon defendant’s agreement to insure the life of Osias Kulberg. The defendant appeared specially for the purpose of objecting to the jurisdiction of the court and moved to vacate the service of the summons, on the ground that defendant was a foreign corporation, had never transacted business within the state of Minnesota and had never been authorized so to do.

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Action in tbe district conrt for Eamsey county to recover $2,000 upon defendant’s agreement to insure the life of Osias Kulberg. The defendant appeared specially for the purpose of objecting to the jurisdiction of the court and moved to vacate the service of the summons, on the ground that defendant was a foreign corporation, had never transacted business within the state of Minnesota and had never been authorized so to do. Defendant obtained an order directing plaintiff to show cause why the motion should not be granted. The application was heard before Michael, J., who denied the motion.…

1Opinion of the CourtBrown, C. J.

The only question involved in this appeal is whether the service of the summons in the action upon the state insurance commissioner conferred jurisdiction over defendant.

The facts are as follows:

The Modern National Beserve at a time prior to February, 1910, was a mutual beneficiary association organized under the laws of the state of Iowa, and authorized to transact its business in this state. In compliance with our statutes it appointed the insurance commissioner as its representative upon whom the service of process against it might be made. The association issued to one Osias Kulberg a…

2Cases cited9 opinions

  1. Old Wayne Mut. Life Assn. of Indianapolis v. McDonoughSupreme Court of the United States · 1907
  2. Connecticut Mutual Life Insurance v. SpratleySupreme Court of the United States · 1899
  3. Commercial Mutual Accident Co. v. DavisSupreme Court of the United States · 1909
  4. Mutual Reserve Fund Life Assn. v. PhelpsSupreme Court of the United States · 1903
  5. Ehrman v. Teutonia Ins.District Court, E.D. Arkansas · 1880

4 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Atkins v. Jones & Laughlin Steel Corp.Supreme Court of Minnesota · 1960
  2. Garber v. Bancamerica-Blair CorporationSupreme Court of Minnesota · 1939
  3. Fletcher v. Southern Colonization Co.Supreme Court of Minnesota · 1921
  4. McMenomy v. Wonder Building Corporation of AmericaDistrict Court, D. Minnesota · 1960
  5. Flinn v. Western Mutual Life Ass'nSupreme Court of Iowa · 1919

8 more not listed; retrieve them via the Exa API.

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