Fair, Ltd. v. American Union Fire Ins.
Fair, Ltd. v. American Union Fire Ins.
Opinion of the Court
Plaintiff obtained judgment below on two fire insurance policies against the defendant insurance company, and its surety, the Texas Pidelity & Bonding Company.
The defendants were nonresident corporations, who had transacted business in the state of Louisiana. Both were cited through the Secretary of State, and an attachment was issued against the property of the fire insurance company.
Two receivers appeared by counsel in behalf of the insurance company, and filed a motion to dissolve the attachment, and a plea of prematurity. Later the receivers appeared, and on suggesting that the judgment appointing them had been vacated and annulled, obtained leave of the court to withdraw their motion and exception. Then a default
These rules were discharged, and the judgment was signed. The surety companies have appealed.
The judgment on the merits is amply sustained by the evidence. The Secretary of State is the duly appointed agent of the defendant corporations to receive citations in all suits relative to the business transacted by them in the state of Louisiana, and the appellants have cited no authorities to sustain the proposition that the mandate of the Secretary of State has been revoked by the insolvent proceedings in the state of Pennsylvania.
Judgment affirmed.
Reference
- Full Case Name
- THE FAIR, Limited v. AMERICAN UNION FIRE INS. CO.
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- (Syllabus by the Court.) Insurance (§ 22*) — Service on Foreign Insurance Company — Agency oe Secretary oe State — Duration. The mandate of the Secretary of State to represent foreign insurance companies in the state of Louisiana for the purpose of the service of citation or other lawful process continues in force so long as any policy, or other liability, remains outstanding against the corporation in this state. Act No. 105 of 1898. [Ed. Note. — Por other cases, see Insurance, Cent. Dig. § 26; Dec. Dig. § 22.*]