Gibbs v. . Queen Insurance Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme ■Court in the fourth judicial department, affirming an order •of Special Term denying a motion on the part of defendant to have the service of summons herein set aside and the action dismissed. Defendant is a foreign insurance company incorporated under the laws of Great Britain.
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Appeal from order of the General Term of the Supreme ■Court in the fourth judicial department, affirming an order •of Special Term denying a motion on the part of defendant to have the service of summons herein set aside and the action dismissed. Defendant is a foreign insurance company incorporated under the laws of Great Britain. It had designated an agent in this State upon whom process in suits against it could be - ■served, as required by the insurance laws of the State, as a \ prerequisite to its doing business here. Plaintiff is a resident of the State, and the action was upon a policy…
1Opinion of the CourtBolger, J.
The questions arising ■ in this case are two : 1. Has the legislature provided a mode in which a citizen of this State, having a cause of action against an insurance company, created by the laws of another country, may bring an action against that conrpany in some of the courts of record of this State ? And this question involves the inquiry, as to what is the process by which the action may be commenced, aud in what manner shall service of it be made.
2. Does the method provided, and the process and mode of service of it prescribed, give some of the courts of record of this State such…
2Cases cited8 opinions
- Ely and Others v. . HoltonNew York Court of Appeals · 1857
- Shumway v. StillmanNew York Supreme Court · 1831
- Picquet v. SwanU.S. Circuit Court for the District of Massachusetts · 1828
- McCormick v. . Pennsylvania Central R.R. Co.New York Court of Appeals · 1872
- Mary Lucinda Bosley v. Margaret E. WyattSupreme Court of the United States · 1853
3 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Hunt v. . HuntNew York Court of Appeals · 1878
- New York, Lake Erie & Western Railroad v. EstillSupreme Court of the United States · 1893
- Douglass v. Phenix InsuranceNew York Court of Appeals · 1893
- Plimpton v. . BigelowNew York Court of Appeals · 1883
- Pringle v. . WoolworthNew York Court of Appeals · 1882
38 more not listed; retrieve them via the Exa API.