Fisher v. Insurance Co.
Supreme Court of North Carolina
ActioN by Miriam Fisber against the Traders Mutual Life Insurance Company, beard by Judge JR. B. Peebles, at Spring Term, 1904-, of the Superior Court of Bbunswick County. This action was brought to recover the amount of an insurance policy.
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ActioN by Miriam Fisber against the Traders Mutual Life Insurance Company, beard by Judge JR. B. Peebles, at Spring Term, 1904-, of the Superior Court of Bbunswick County. This action was brought to recover the amount of an insurance policy. The summotis was served on the Secretary of the Corporation Commission, under the provisions of Act of 1901, chap. 5. Defendant’s counsel entered a special appearance and moved to dismiss the action for defective service of the summons, assigning the following reasons: 1. It does not appear on the face of the summons whether the defendant is a corporation…
1Opinion of the Court
Walker, J.,
after stating the case. The first objection is met fully by the case of Stanly v. Railroad, 89 N. C., 331, in which it is held that a corporation may be designated by its corporate name in all suits brought by or against it. In Insurance Co. v. Osgood, 1 Duer (N. Y.), 707, cited with approval by this Court in Stanly v. Railroad, supra, it was said, in answer to the objection that the plaintiff’s corporate character was not alleged: “It does not appear on the face of the complaint that the plaintiff is not a corporation. It does not, therefore, appear that the plaintiff has not…
2Cases cited18 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Hooper v. CaliforniaSupreme Court of the United States · 1895
- The Lafayette Ins. Co. v. FRENCHSupreme Court of the United States · 1856
- Crutcher v. KentuckySupreme Court of the United States · 1891
- Connecticut Mutual Life Insurance v. SpratleySupreme Court of the United States · 1899
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3Cited by16 opinions
- Goodwin v. ClaytorSupreme Court of North Carolina · 1904
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- Currie v. Golconda Mining & Milling Co.Supreme Court of North Carolina · 1911
- Lunceford v. Commercial Travelers Mutual Accident Ass'n of AmericaSupreme Court of North Carolina · 1925
- Brown-Ketcham Iron Works v. George B. Swift Co.Indiana Court of Appeals · 1913
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