People ex rel. Firemen's Insurance v. Justices of the City Court
New York Court of Common Pleas
Morris Schrier and others sued the Firemen’s Insurance Company of Baltimore, a foreign corporation, in the city court of Hew York. The summons was served on the superintendent at his office in Albany. Defendant moved to set aside the service, which motion was denied by McAdam, C. J., on September 24, 1890. Defendant now asks for a writ of prohibition to the justices of the city court. Code Civil Proc.
Read the full summary
Morris Schrier and others sued the Firemen’s Insurance Company of Baltimore, a foreign corporation, in the city court of Hew York. The summons was served on the superintendent at his office in Albany. Defendant moved to set aside the service, which motion was denied by McAdam, C. J., on September 24, 1890. Defendant now asks for a writ of prohibition to the justices of the city court. Code Civil Proc. H. Y. § 315, subd. 1, provides that the city court of Hew York shall have jurisdiction of “an action against a natural person or a foreign or domestic corporation, where the complaint demands…
1Opinion of the CourtDaly, J.
Ordinarily, a summons in an action in the city court of Hew York cannot be served without the city- of Hew York, but an exception was evidently intended by the legislature in the case of actions against foreign insurance corporations; for the city court is given jurisdiction of such actions, and the legislature has provided that process against such corporations may be served upon the superintendent of insurance. Laws 1884, p. 420, § 1. This officer has his office in Albany, and there the process must be served upon him. We must conclude, therefore, the legislature intended city court process…
2Cited by6 opinions
- Bessan v. Public Service Co-ordinated TransportCity of New York Municipal Court · 1929
- Equity Life Ass'n v. GammonSupreme Court of Georgia · 1903
- Heihs v. ReinbergAppellate Terms of the Supreme Court of New York · 1930
- Export Insurance v. WomackSupreme Court of Georgia · 1928
- Strausberg v. MurphyCity of New York Municipal Court · 1931
1 more not listed; retrieve them via the Exa API.