Greenleaf v. National Ass'n of Ry. Postal Clerks

Citations

• 130 F. 209
• 1904 U.S. App. LEXIS 4799

Syllabus

<p>1. Insurance — Foreign Associations — State Laws — Application.</p> <p>Rev. St. Me. e. 49, § 79, provides that no foreign insurance company shall transact insurance business within the state without a license from the Insurance Commissioner; sections 80-84 provide for the issuance of such license; and section 92 declares that any person having a claim against any foreign insurance company may bring an appropriate suit thereon in the courts of the state, and that process may be served on the Insurance Commissioner or on any duly appointed, agent of the company within the state. Held, that section 92 applies only to foreign insurance companies which have complied, with the statutes and obtained a license to do business in the state.</p> <p>2. Federal Courts — Removal of Causes — Motion to Dismiss — Appearance.</p> <p>Where a foreign insurance association, after suit brought in the state court, took seasonable steps to have the same removed to the federal court, it was entitled after such removal to appear specially for the purpose of moving to dismiss on the ground that the court had not obtained jurisdiction of defendant’s person.</p> <p>If 2. See Appearance, vol. 3, Cent. Dig. 135; Removal ot Causes, vol. 42. Cent Dig. § 238.</p>