Burns v. Provincial Insurance

Headnote

Under the act of 1849, ch. 107, “ to extend the remedies at law against foreign insurance companies,’’ which provides that suits may be brought against such companies upon any contract made or delivered in this state, an action lies upon a policy of insurance issued and delivered here, by the resident agent of a foreign company.

THIS is an appeal from an order vacating an attachment against the property of the defendant as a foreign corporation. The action was for a loss on a policy of marine insurance. The ground of the motion was want of jurisdiction over the action; it being alleged that the plaintiff is a nonresident of the state, the defendant a foreign corporation, that the cause of action did not arise, and that the subject of the action is not situated, within this state. The affidavit of Henry J. De Wolf, on the part of the plaintiff) showed “ that he personally, as agent for the plaintiff, effected the insurance and procured the policy underwritten by the defendants sued upon in this action; that all the negotiations for said insurance took place in the city of Hew York, between deponent and A. W. Thompson, the agent of said company, resident

in said city of New York. That the contract was made and concluded, and the policy issued to deponent for and on behalf of the plaintiff, at the said city of New York, and not elsewhere.” The court vacated the attachment and the plaintiff appealed.