Bruning v. Brotherhood Accident Co.
Bruning v. Brotherhood Accident Co.
Opinion of the Court
This is an action upon a judgment recovered by the plaintiff against the defendant in the State of Indiana. The only question argued before us is whether the judgment is void for want of jurisdiction in the court that rendered it, because there was no legal service upon the defendant. The service was made upon the auditor of the State of Indiana.
The defendant is a fraternal insurance company organized under the laws of Massachusetts, confining its membership to members of the Independent Order of Odd Fellows, and having its principal office in Boston. The action in Indiana was upon a policy of insurance, and the evidence was uncontradicted that, at the time when the policy was issued, the defendant was doing business in Indiana under a license from that State. Before the original action was brought the license had expired, and had not been renewed. The plaintiff put in evidence § 49141 of the statutes of Indiana, under the heading,-“ Mutual Life and Accident Companies,” which is as follows: “All processes in any action or proceeding against any foreign corporation, association or society, doing business in this state under the provisions of this act, may be served upon the auditor of this state, and any lawful process against it which is served on the auditor of state, shall be of the same legal force and validity as if served on the corporation, association or society, and this provision shall continue in force so long as any liability remains outstanding against the corporation, association or society in this state, service upon such auditor of state shall be deemed sufficient service upon the principal.” Inasmuch as the defendant saw fit to do business in Indiana under a license from the-State, it was bound by all reasonable statutes relating to service for the purpose of giving jurisdiction to local courts. Reyer v. Odd Fellows' Fraternal Accident Assoc. 157 Mass. 367. Lafayette Ins. Co. v. French, 18 How. 404. St. Clair v. Cox, 106 U. S. 350. Gillespie v. Commercial Ins. Co. 12 Gray, 201. There is nothing to show that this statute is unreasonable, and it is therefore binding on the defendant.
The defendant contends that it is not a corporation or association that comes within the terms of the statute. As we are dealing with the law of another State, we are dependent upon
It therefore becomes unnecessary to decide whether, upon the officer’s return and the other facts stated, the service would be sufficient under the other statute which the defendant put in evidence, if that were applicable.
Judgment on the verdict.
Reference
- Full Case Name
- Henry F. Bruning v. Brotherhood Accident Company
- Status
- Published