Morris & Co. v. Skandinavia Ins. Co.
| Decision Date | 29 June 1928 |
| Docket Number | No. 5229.,5229. |
| Citation | 27 F.2d 329 |
| Parties | MORRIS & CO. v. SKANDINAVIA INS. CO., Limited. |
| Court | U.S. Court of Appeals — Fifth Circuit |
John M. Lee, of Chicago, Ill., Sidney Mize, of Gulfport, Miss., and Marcellus Green and Garner W. Green, both of Jackson, Miss. (Chalmers Potter, of Jackson, Miss., on the brief), for appellant.
Palmer Pillans, of Mobile, Ala., and James A. Leathers, of Gulfport, Miss. (Bigham, Englar & Jones, of New York City, Pillans, Cowley & Gresham, of Mobile, Ala., and Leathers & Sykes, of Gulfport, Miss., on the brief), for appellee.
Before WALKER, BRYAN, and FOSTER, Circuit Judges.
In April, 1925, appellant, a Louisiana corporation, brought a suit at law in a state court to recover on a policy of marine insurance issued at Buenos Ayres by appellee, a corporation organized under the laws of Denmark, to cover a shipment of jerked beef from Montevideo to Havana, in May, 1918. Service of process was made on the insurance commissioner of Mississippi under the provisions of the Mississippi statutes. Later another service was made on Robert E. Wilkerson, Inc., of Vicksburg, the nominal agent of appellee.
The suit was promptly removed to the District Court and appellee filed a motion to quash the service and a plea to the jurisdiction, under the practice in Mississippi, both based on the following grounds: That both parties were nonresidents of Mississippi; that the contract was executed and to be performed out of Mississippi; and that appellee was not doing business in Mississippi.
At the time this suit was filed another suit was pending between the same parties on the same cause of action in New York, where appellee has a resident agent. With full reservation of its rights under the motion to quash and plea to the jurisdiction, appellee filed a plea of lis pendens. The suit in New York was dismissed before a hearing in this case, on which hearing the motion to quash and the plea to the jurisdiction were sustained, a verdict was directed in favor of appellee, and the suit was dismissed. Error is assigned to the action of the court in dismissing the suit.
The record shows conclusively the following state of facts: Appellee does only a reinsurance business in the United States, and all of this is transacted in New York City; the transactions being between appellee's agent and the original insurer. Appellee has reinsured risks on property situate in Mississippi, and in compliance with the laws of Mississippi...
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