State v. Nw. Endowment & Legacy Ass'n of Minn.

• Decision Date: 13 January 1885
• Citation: 62 Wis. 174,22 N.W. 135
• Parties: STATE v. NORTHWESTERN ENDOWMENT & LEGACY ASS'N OF MINNESOTA.
• Court: Wisconsin Supreme Court

62 Wis. 174

22 N.W. 135

STATE

v.NORTHWESTERN ENDOWMENT & LEGACY ASS'N OF MINNESOTA.

Supreme Court of Wisconsin.

Filed January 13, 1885.

Appeal from circuit court, Dane county.H. W. Chynoweth, Asst. Atty. Gen., for respondent.

Rogers & Hall and S. U. Pinney, for appellant.

COLE, C. J.

The defendant is a life insurance corporation organized and doing business under the laws of Minnesota, with its office at Red Wing, in that state. Process was served upon it by personally delivering to and leaving with J. K. Turner, of Milwaukee, its agent, a true copy of the summons. The question is, was such service sufficient to give the court jurisdiction of the defendant? It is claimed on the part of the defendant that service could not be made upon Turner; that the facts appearing in the affidavits show that he was not its agent, so as to authorize process to be served upon him. Mr. Turner states in his affidavit that he is not an officer of the defendant; that he is not and never was its agent in this state or elsewhere; nor was he ever its broker or attorney. He further states that in December, 1883, he wrote an application for some parties in Milwaukee to become members of the company, and transmitted the same to the secretary at Red Wing; but “that he never advertised as agent of said association, nor has he ever aided or assisted in the transaction of any business for said association other than above stated, and that he never received any compensation from said association or any other person for the services performed.” Mr. Meacham, secretary of the association, makes an affidavit, in which he, among other things, states that the corporation has not now, nor has it ever had, any office or place of business in the state of Wisconsin; and “that said Turner is not now, nor has he ever been, the authorized agent of said association in the state of Wisconsin, or elsewhere, nor was he ever agent, broker, or attorney for said association; nor has said association ever paid said Turner, for services as agent, broker, or attorney, any sum or amount whatever.” In opposition to the motion to set aside the service, the affidavit of John Cassel, of Milwaukee, was used, in which he states that in December, 1883, he was solicited by Turner to insure in the defendant company; that at such solicitation he did sign an application for insurance and paid Turner, as agent, nine dollars for such insurance, taking a receipt signed by Turner as agent, and which receipt is made a part of his affidavit; also, at the same time, he paid Turner, as agent, $18 for insurance on the lives of two other parties living in Milwaukee, and taking Turner's receipt for each...