American Life Insurance v. Mahone
Mississippi Supreme Court
ERROR to the Circuit Court of Hinds County. Hon. S. S. Calhoon, Judge. In November, 1876, Zenora* F. Mahone and her husband, W. C. D. Mahone, commenced an action of attachment against the American Life Insurance Company, of the city of Philadelphia, to recover the sum of $5,000 on a policy of insurance issued upon the life of Leonidas Dillard for the benefit of Mrs. Mahone. The defendant pleaded in abatement.
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ERROR to the Circuit Court of Hinds County. Hon. S. S. Calhoon, Judge. In November, 1876, Zenora* F. Mahone and her husband, W. C. D. Mahone, commenced an action of attachment against the American Life Insurance Company, of the city of Philadelphia, to recover the sum of $5,000 on a policy of insurance issued upon the life of Leonidas Dillard for the benefit of Mrs. Mahone. The defendant pleaded in abatement. A jury was waived, and the issue was tried by the court and found for the plaintiffs. The plea in abatement, and the evidence adduced on the trial thereof, are substantially set forth in…
1Opinion of the CourtSimrall, C. J.
This suit was begun by attachment against the American Life Insurance Company, a foreign corporation, which, as alleged in the affidavit, has ceased to do business in this State, and has no agent authorized to acknowledge service of process. The defendant, by plea in abatement, traversed the grounds of the affidavit, and averred that, at the time the writ was sued out, Charles Handy, of Canton, was the agent of the defendant, on whom process could have been effectively served. This *187issue was found by the court for the plaintiff (a jury having been waived), and on the refusal of the court to…
2Cases cited5 opinions
- The Columbia Insurance Company of Alexandria, in Error v. Joseph W. Lawrence, Who Survived Thomas PoindexterSupreme Court of the United States · 1836
- Planters' Insurance v. MyersMississippi Supreme Court · 1877
- Merritt & Dyckman v. LyonCourt for the Trial of Impeachments and Correction of Errors · 1836
- Planters' Insurance v. ComfortMississippi Supreme Court · 1874
- Spratley v. Hartford Ins.U.S. Circuit Court for the District of Kansas · 1871
3Cited by14 opinions
- Continental Insurance v. PearceSupreme Court of Kansas · 1888
- Aloe v. Mutual Reserve Life Ass'nSupreme Court of Missouri · 1899
- St. Paul Fire Marine Ins. Co. v. MittendorfSupreme Court of Oklahoma · 1909
- Home Ins. Co. of N.Y. v. ThornhillMississippi Supreme Court · 1932
- Union Fraternal League v. SweeneyIndiana Supreme Court · 1916
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