Collier v. Mutual Reserve Fund Life Ass'n

Citations

• 119 F. 617
• 1902 U.S. App. LEXIS 5346

Syllabus

<p>1. Foreign Corporations—Service under Arkansas Statute—Attempted Withdrawal prom State.</p> <p>Sand. & H. Dig. Ark. § 4137, requires foreign insurance companies, as a condition to the doing of business in the state, to file a stipulation with the auditor, agreeing that any legal process may he. served upon the auditor or upon an agent designated, with the same effect as though served upon the company within the state. It further provides that, “so long as any liability of the stipulating company to any resident of the state continues, such stipulation cannot be revoked or modified, except that a new one may be substituted, so as to require or dispense with service at the office of said company within the state.” Held), that a foreign life insurance company, which entered the state and did business therein, filing the required stipulation designating an agent, was bound by the statute, which became a part of its contracts, and could not, after securing a large number of policies in the state, withdraw itself from the jurisdiction, and deprive the holders of such policies of the right to sue it therein by canceling the appointment of such agent, and revoking the authority of all its other agents; and that, in an action on one of such policies it was bound by-service made on its agent so designated and on the state auditor.</p> <p>¶ 1. Service of process on foreign corporations, see note to Eldred v. American Palace Car Co., 45 C. C. A. 3.</p>