Kline Bros. & Co. v. North Coast Fire Insurance

Citations

• 80 Wash. 609
• 142 P. 7
• 1914 Wash. LEXIS 1357

Syllabus

<p>Evidence—Presumptions—Judgment. It is presumed, in the absence of evidence to the contrary, that the judgment of a court of general jurisdiction is regular, and its recitals are prima facie evidence of the facts therein stated.</p> <p>Insurance—Policy—Place of Execution and Delivery. A contract of insurance was made, executed, and delivered in the state of New York, where an insurance company of this state furnished blank contracts to its agent in New York authorized to issue .the contract and countersign and make it valid, and to collect the premium and deliver the policy, all of which it did in the state of New York.</p> <p>Corporations—Foreign Corporations—Actions—Right to Maintain. Under N. Y. Civ. Code of Procedure, § 1780, providing that a foreign corporation may maintain an action against another for breach of a contract made within the state of New York, the courts of that state have jurisdiction of an action between foreign corporations upon a policy of insurance issued, executed and delivered in the state of New York.</p> <p>Judgment—Actions—Burden of Proof. Where a judgment of a court of general jurisdiction in a foreign state recited an appearance on behalf of the defendant, it is necessary for the defendant to show that the attorney making the appearance did so without authority.</p> <p>Judgment — Foreign Judgment—’Acquiescence — Attorney and Client—Appearance—Authority. Where, in an action against a foreign corporation, the service on its agent was good, and the defendant had notice of the pendency of the action, and that a certain attorney was appearing for it, but did nothing to renounce the appearance or to prevent a threatened default which the attorney suffered because of nonpayment of his fees, the appearance was authorized by acquiescence, and the default judgment was valid.</p>