Legal Opinion

Magoffin v. Mutual Reserve Fund Life Ass'n

Supreme Court of Minnesota

Decided October 31, 1902No. Nos. 13,079-(54)PublishedCited by 14 opinions

Action in the district court for Ramsey county to recover damages for breach of a contract of life insurance executed by defendant, a foreign corporation. The summons and complaint were served upon defendant by delivering copies thereof to the insurance commissioner of Minnesota as provided by Laws 1805, c. 175, and the amendments thereof.

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Action in the district court for Ramsey county to recover damages for breach of a contract of life insurance executed by defendant, a foreign corporation. The summons and complaint were served upon defendant by delivering copies thereof to the insurance commissioner of Minnesota as provided by Laws 1805, c. 175, and the amendments thereof. Defendant appeared specially and moved to set aside this service on the ground that the appointment and authority of the insurance commissioner to accept the same had been revoked prior to such attempted commencement of the action. From an order, Otis, J.,…

1Opinion of the Court

START, O. J.

The defendant, appearing specially for that purpose, moved the *261district court to set aside tbe service of tbe summons herein, and appealed from an order denying its motion.

Tbe record certified to this court, including tbe complaint, tends to show tbe following facts: Tbe defendant is a foreign corporation, and engaged in tbe business of life insurance upon tbe assessment plan, having its home office and principal place of business in tbe city of New York. It was engaged in such business in this state from a time prior to December 2, 1885, until June 8, 1901, when its license or…

2Cases cited3 opinions

  1. Swann v. Mutual Reserve Fund Life Ass'nU.S. Circuit Court for the District of Kentucky · 1900
  2. Mutual Reserve Fund Life Ass'n v. BoyerSupreme Court of Kansas · 1900
  3. Baldinger v. Rockford Insurance Co. of IllinoisSupreme Court of Minnesota · 1900

3Cited by14 opinions

  1. Brown-Ketcham Iron Works v. George B. Swift Co.Indiana Court of Appeals · 1913
  2. Mutual Reserve Fund Life Ass'n v. TuchfeldCourt of Appeals for the Sixth Circuit · 1908
  3. Fletcher v. Southern Colonization Co.Supreme Court of Minnesota · 1921
  4. American Loan & Investment Co. v. BoraasSupreme Court of Minnesota · 1923
  5. City Co. of New York, Inc. v. SternCourt of Appeals for the Eighth Circuit · 1940

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