State ex rel. Hartford Life Insurance v. Shain
Supreme Court of Missouri
Probibition. (1) Tbe courts of one State will not exercise visitorial power over tbe internal affairs of a foreign corporation; and they will refuse to grant relief in cases where they cannot compel tbe performance of their decrees. State ex rel. v. Denton, 229 Mo. 187; Clark v. Association, 43 L. R. A. 390; Taylor v. Association, 97 Va. 60; Howard v. Association, 125 N. C. 49; Condon v. Mut. Res.
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Probibition. (1) Tbe courts of one State will not exercise visitorial power over tbe internal affairs of a foreign corporation; and they will refuse to grant relief in cases where they cannot compel tbe performance of their decrees. State ex rel. v. Denton, 229 Mo. 187; Clark v. Association, 43 L. R. A. 390; Taylor v. Association, 97 Va. 60; Howard v. Association, 125 N. C. 49; Condon v. Mut. Res. Assn., 89 Md. 99; 19 Cyc. 1236-8; Sideway v. Missouri Co., 101 Fed. 481; 13 Am. & Eng. Ency. Law 849; Fraternal Union v. Lundy, 113 S. W. 185; 14 Cyc. 308. (2) Prohibition is the proper remedy under…
1Opinion of the Court
"WOODSON, J.
This is an original proceeding begun in this court by tbe petitioner, seeking to pro-, bibit tbe respondent, as judge of tbe circuit court 'of Pettis county, from further proceeding with tbe trial of tbe case of Peter Courtney against tbe Hartford Life Insurance Company (a mutual concern), pending in said court.
The substance of tbe changes made in tbe petition in that case is- that tbe plaintiff entered into a contract with the defendant, by which it insured his life,, for a certain sum, evidenced by a certificate of membership, dated January 27, 1882, for and in consideration of…
2Cases cited8 opinions
- Cole v. CunninghamSupreme Court of the United States · 1890
- Pennsylvania Railroad v. St. Louis, Alton & Terre Haute RailroadSupreme Court of the United States · 1886
- Condon v. Mutual Reserve Fund Life Ass'nCourt of Appeals of Maryland · 1899
- State ex rel. Minnesota Mutual Life Insurance v. DentonSupreme Court of Missouri · 1910
- Royal Fraternal Union v. LundayCourt of Appeals of Texas · 1908
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3Cited by10 opinions
- Sauerbrunn v. . Hartford Life Ins. Co.New York Court of Appeals · 1917
- State ex rel. Wurdeman v. ReynoldsSupreme Court of Missouri · 1918
- Missouri Cattle Loan Co. v. Great Southern Life InsuranceSupreme Court of Missouri · 1932
- Ellis v. Mutual Life Ins. Co. of New YorkSupreme Court of Alabama · 1939
- Frick v. Hartford Life InsuranceSupreme Court of Connecticut · 1922
5 more not listed; retrieve them via the Exa API.