Gutzeil v. Pennie

Citations

• 95 Cal. 598
• 30 P. 836
• 1892 Cal. LEXIS 871

Syllabus

<p>Undertaking on Appeal—Execution by Foreign Surety Corporation — Authority oe Oeeioers. — An undertaking upon appeal, executed by a foreign surety corporation, and signed in behalf of the corporation surety by its second vice-president and its assistant secretary, with the seal of the corporation affixed, will not be declared void, as not being properly signed, where there is nothing to show that such officers were not authorized to sign and deliver it.</p> <p>Id. — Authority oe Foreign Corporation to Transact Business — Certificate oe Insurance Commissioner— Dismissal of Appeal. —A motion to dismiss an appeal upon the ground that the undertaking was executed by a foreign surety corporation which had not filed with the secretary of state a designation of some person residing in this state upon whom service of process could be made, as required by the act of April 1, 1872 (Stats. 1871-72, p. 826), will be denied, where it appears from the certificate of the insurance commissioner of this state that the surety corporation is duly authorized to transact business in this state.</p> <p>Id. — Effect of Certificate — Presumption. — There is a presumption that the insurance commissioner properly performed his official duty in issuing the certificate, and such certificate is prima fade evidence that the surety company has complied with section 616 of the Civil Code, though it does not expressly so state.</p> <p>Id. —Construction of Code — Designation of Agent of Foreign Surety Corporation —Filing in Office of Insurance Commissioner — Statute of Limitations. — Section 1056 of the Code of Civil Procedure, giving the insurance commissioner the same jurisdiction and powers to examine the affairs of a surety corporation as he has in other cases, and requiring him to file similar statements and issue similar certificates, and section 616 of the Political Code, providing that the commissioner is not authorized to issue such a certificate to a foreign insurance company until it ha