Stevens v. . the Phoenix Insurance Co.
New York Court of Appeals
Appeal from a judgment of the General Term in the fifth judicial district, affirming a judgment for the plaintiffs on the report of a referee.
Read the full summary
Appeal from a judgment of the General Term in the fifth judicial district, affirming a judgment for the plaintiffs on the report of a referee. This is an action brought on a verbal contract of insurance, alleged to have been made by the defendants, through their agents, with the plaintiffs. 1. The action was commenced by the service of a summons, on the 6th day of February, 1863, upon the attorney for the defendants, appointed for that purpose under the statute of New York, directing such appointments by foreign insurance companies transacting business in this State. (Session Laws, 1853,…
1Opinion of the CourtMason, J.
It was decided in the Bank of Augusta v. Earle (13 Peters, U. S. R., 512), that a corporation can have no legal existence out of the bounds of the sovereignty by which it is created ; that it exists only in contemplation of law and by force of law; and when that law ceases to operate, the corporation can have no existence. It must dwell in the place of its creation. The same was affirmed in the case of the Louisville, Cincinnati and Chicago Railroad Company v. Letson (2 How. U. S. R., 497). It was also held in that case that a corporation, created by and transacting business in a State, is to…
2Cited by25 opinions
- Pechner v. . Phoenix Insurance Co.New York Court of Appeals · 1875
- Shaft v. . Phoenix Mutual Life Ins. Co.New York Court of Appeals · 1876
- Holden v. . the Putnam Fire Insurance Co.New York Court of Appeals · 1871
- Bell v. . DixNew York Court of Appeals · 1872
- Robinson v. International Life Assurance Society of LondonNew York Court of Appeals · 1870
20 more not listed; retrieve them via the Exa API.