Martyne v. American Union Fire Insurance Co. of Philadelphia
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles W. Martyne, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 8th day of January, 1915, vacating the service of the summons, warrant of attachment and levy thereunder in this action. The American Union Fire Insurance Company was incorporated in Pennsylvania, and began business in Philadelphia on January 3, 1911. It was soon admitted to New York.
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Appeal by the plaintiff, Charles W. Martyne, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 8th day of January, 1915, vacating the service of the summons, warrant of attachment and levy thereunder in this action. The American Union Fire Insurance Company was incorporated in Pennsylvania, and began business in Philadelphia on January 3, 1911. It was soon admitted to New York. On the strength of its deposit with the Pennsylvania Insurance Department it was not required to make any deposit in New…
1Per curiam
The insolvent insurance company was already civiliter mortuus, and its assets placed in liquidation, when this suit was begun. Its civil death was not ignored, hut set forth as a basis of these New York proceedings. After the corporation had been thus dissolved and its existence ended, how could it be sued, and its former agents in New York subjected to service ? The Court of Appeals has declared that, although a New Jersey corporation was in esse when sued, the effect on our proceedings of its subsequent dissolution was to he settled by the New Jersey statutes. “The existence and the powers…
2Cases cited5 opinions
- People v. Security Life Insurance & Annuity Co.New York Court of Appeals · 1879
- Matter of Empire State Surety Co.New York Court of Appeals · 1915
- Bostwick v. CarrAppellate Division of the Supreme Court of the State of New York · 1914
- O'Connor v. ByrneAppellate Division of the Supreme Court of the State of New York · 1903
- In re StewartNew York Supreme Court · 1902
3Cited by2 opinions
- In re FrenchAppellate Division of the Supreme Court of the State of New York · 1918
- In re PeopleNew York Supreme Court · 1922