Insurance Co. of North America v. McLimans & Coyle
Nebraska Supreme Court
Error to the district court for Madison county. Tried below before Norris, J. The policy was an Iowa contract, and the laws of that state are as much a part of the policy as though printed on its face. The Nebraska statutes do not give the district court of Madison county jurisdiction, as the summons was served only on the local special agent of the company. [State Ins.
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Error to the district court for Madison county. Tried below before Norris, J. The policy was an Iowa contract, and the laws of that state are as much a part of the policy as though printed on its face. The Nebraska statutes do not give the district court of Madison county jurisdiction, as the summons was served only on the local special agent of the company. [State Ins. Co. v. Granger, 62 la., 272.) Since the service was had upon one not shown to have been a “ managing agent” as required by sec. 9.14 of the Code, the burden was on defendant in error to prove the character of the agency.…
1Opinion of the CourtMaxwell, J.
This is a proceeding in error to reverse the judgment of the district court of Madison county.
It appears from the record that on the 23d day of February, 1886, the Insurance Company of North America, plaintiff in error, issued to McLimans & Coyle its policy of insurance against fire upon their two-story frame store building, located on lot 7, block 54, in the town of Ogden, state of Iowa, the policy to continue in force for one year from the date of said policy. On the 12th day of February, 1887, a fire occurred which destroyed said building.
On the 7th day of April, 1887, the plaintiffs…
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