Rodgers v. Mutual Endowment Assessment Ass'n

Citations

• 17 S.C. 406
• 1882 S.C. LEXIS 74

Syllabus

<p>1. An acceptance of service of complaint by defendant’s attorneys disregarded, it having been made under a misunderstanding between counsel as to the service of the summons.</p> <p>2. The distinction between subject of action and cause of action considered.</p> <p>3. An agreement was made in this State between a citizen thereof and a foreign Mutual Assessment Life Insurance Association, whereby application was made for membership and the amount then paid was to be refunded, if the application was rejected; the rules of the Association required proof of death claims to be made at the home office, when an assessment was to be made and the claims paid there. Held, that the claim of the beneficiaries under such citizen’s certificate after his death was not a cause of action that arose in this State.</p> <p>4. The cause of action not having arisen in this State and such foreign corporation having no property here, it could not be made a party defendant to an action by the beneficiaries on this certificate.</p>