Baile v. Equitable Fire Ins. Co. of Nashville
| Decision Date | 31 October 1878 |
| Parties | BAILE v. THE EQUITABLE FIRE INSURANCE COMPANY OF NASHVILLE, Plaintiff in Error. |
| Court | Missouri Supreme Court |
Error to Johnson Circuit Court.--HON. F. P. WRIGHT, Judge.
Gage & Ladd for plaintiff in error.
Crittenden & Cockrell for defendant in error.
This is a suit brought by Baile and Ridenour, the defendants in error, against the insurance company on a policy of insurance issued by the latter. The petition in the case was filed on the 9th day of December, 1874, and on the same day a summons was issued to the sheriff of Johnson county, who served the same by delivering a copy thereof to one E. H. Shotwell, the company's local agent in the town of Warrensburg, in Johnson county. It is claimed that this copy was delivered to the agent in a store where the agent had a desk for the transaction of his insurance and tax collecting business, the store itself being in the possession of other parties. For the purpose of such service it is claimed that this was the office of the company. The return of the sheriff states that the copy was served at the office of Shotwell, the agent.
The defendant was a foreign insurance company and had complied with the provisions of section four of the act of March 23rd, 1874, by appointing John D. Anderson, a competent person, its attorney for the purpose of receiving service of process in this State. The circuit court held that a service under the general corporation law of the State governing domestic corporations, was valid as against this foreign corporation, and that the service in this case was such service. This action of the court is assigned for error, and the only question is, whether the facts of the case warranted such action.
It appears from the record that it was admitted on the trial that defendant was a foreign corporation, having its chief office in the city of Nashville, in the State of Tennessee, and that John D. Anderson was, at the time of the service of the summons, and had more than four months, been the duly appointed attorney of defendant in this State, under the provisions of section four of the act of 1874, p. 74. It was also admitted that Shotwell, upon whom service was had, was at the time defendant's local agent in Warrensburg, and there was evidence showing that Shotwell kept the books and papers of the insurance company along with other books and papers of his own in a desk which he had in a store kept by Dunton & Farr, in Warrensburg, and that the service was...
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