City Fire Insurance v. Carrugi
Supreme Court of Georgia
Jurisdiction. Pleading. Evidence. Waiver. Before Judge Johnson. Muscogee Superior Court. May Term, 1870. *Carrugi sued the City Eire Insurance Company of Hartford, Connecticut, as “a corporation existing by and under the laws of Connecticut, with power to insure against losses by fire,.doing business in Columbus, Georgia, as an insurer against losses by fire, by its agent, Robert R. Murdock.”
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Jurisdiction. Pleading. Evidence. Waiver. Before Judge Johnson. Muscogee Superior Court. May Term, 1870. *Carrugi sued the City Eire Insurance Company of Hartford, Connecticut, as “a corporation existing by and under the laws of Connecticut, with power to insure against losses by fire,.doing business in Columbus, Georgia, as an insurer against losses by fire, by its agent, Robert R. Murdock.” He averred that on the 4th of January, 1867, he paid said agent $45 00 as premium and, iti consideration thereof, the agent delivered to him a policy of said company, insuring him against loss by fire,…
1Opinion of the CourtMcCAY, J.
1. We fully recognize the principle, laid down in Dearing, v. The Bank of Charleston, 5 Georgia, 497. A non-resident cannot be made a party defendant to a personal action, unless he be served with process. But nothing is better settled, than, that non-residence is no defense, if the defendant have been legally served with process. If he have been present in the State, though only as a mere passer through, and be served with process, the Court undoubtedly has jurisdiction. A foreign corporation stands upon the same footing. Though it derives its existence from the law of the State creating it,…
2Cases cited7 opinions
- Travelers Insurance v. SheppardSupreme Court of Georgia · 1890
- Clay v. Phœnix InsuranceSupreme Court of Georgia · 1895
- Phenix Insurance v. SearlesSupreme Court of Georgia · 1897
- Swain v. Macon Fire InsuranceSupreme Court of Georgia · 1897
- Carrugi v. Atlantic Fire InsuranceSupreme Court of Georgia · 1869
2 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Travelers Insurance v. SheppardSupreme Court of Georgia · 1890
- Johnson v. Ætna InsuranceSupreme Court of Georgia · 1905
- Reeves v. Southern Railway Co.Supreme Court of Georgia · 1905
- Lippman v. Ætna InsuranceSupreme Court of Georgia · 1899
- Farrell v. Oregon Gold Co.Oregon Supreme Court · 1897
33 more not listed; retrieve them via the Exa API.