Legal Opinion

Lambert v. Mutual Reserve Life Insurance

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 1905Published

Appeal, by the defendant, the Mutual Reserve Life Insurance Company, in each of the above-entitled actions, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 18th day of November, 1904, affirming a judgment of the City Court of the city of New York in favor of the plaintiff, entered in the office of the clerk of said court on the 29th day of March, 1904.

1Opinion of the Court

Laughlin, J.:

These are also actions upon judgments recovered against the appellant in the Superior Court of North Carolina, for breaches of contract of insurance. The defendant neither appeared specially to set aside the service of the summons, nor appeared generally in *560any of these actions. The complaints alleged that the defendant was doing business within that State. The judgment rolls show that the summons in each was served on the Commissioner of ' Insurance; that .the court found that the policy or. certificate on which the action was based was issuéd prior to the filing of the power of…

2Cases cited2 opinions

  1. Ferguson v. . CrawfordNew York Court of Appeals · 1877
  2. Johnston v. Mutual Reserve Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1905

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