Herryford v. Ætna Insurance
Supreme Court of Missouri
Appeal from Fourth District Court. I. The defendant was a foreign corporation, which could only do business in this State by complying with our statutes requiring them to concede the right to be sued in the courts of this State and to abide the issue of such suit. (R. C. 1855, p. 884.) After obtaining this privilege, the defendant became and was in this respect a domestic corporation, and was estopped from transferring this case to the courts of the United States.
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Appeal from Fourth District Court. I. The defendant was a foreign corporation, which could only do business in this State by complying with our statutes requiring them to concede the right to be sued in the courts of this State and to abide the issue of such suit. (R. C. 1855, p. 884.) After obtaining this privilege, the defendant became and was in this respect a domestic corporation, and was estopped from transferring this case to the courts of the United States. It thereby waived the right, if it ever had any, to resort to the United States courts. The right to appeal to those courts, from…
1Opinion of the CourtHolmes, Judge
The plaintiff brought suit against the defendant in the Circuit Court of the county of Howard. Service was had upon an agent of the defendant, who had charge of an agency office of the company in said county. The defendant appeared to the action, and presented to the court a petition and bond praying for a removal of the cause into the Circuit Court of the United States for the District of Missouri, under the act of Congress of the 24th of September, 1789, and alleging that the plaintiff was a citizen of the State of Missouri, and that the defendant was a corporation duly incorporated under…
2Cases cited6 opinions
- Marshall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1854
- Gordon v. LongestSupreme Court of the United States · 1842
- Kanouse v. MartinSupreme Court of the United States · 1854
- Reichard v. Manhattan Life InsuranceSupreme Court of Missouri · 1862
- City of St. Louis v. Wiggins Ferry Co.Supreme Court of Missouri · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Polito v. MolaskyCourt of Appeals for the Eighth Circuit · 1941
- State Ex Rel. Henning v. WilliamsSupreme Court of Missouri · 1939
- State Ex Rel. Northwestern Mutual Fire Ass'n v. CookSupreme Court of Missouri · 1942
- Colvin v. SixSupreme Court of Missouri · 1883
- Krueger v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1900
12 more not listed; retrieve them via the Exa API.