Farmer v. National Life Ass'n of Hartford — 21 N.Y.S. 1056

Majority

p. 1056

FARMER v. NATIONAL LIFE ASS’N OF HARTFORD.

(Supreme Court, General Term, Second Department.

February 13, 1893.)

Headnote

Foreign Insurance Company—Service of Summons. Where a superintendent of a foreign insurance company, in pursuance of' a power of attorney executed to him, admits due service of a summons sent, to him, such service is valid, and sufficient to bind the company.

p. 1057

Appeal from special term.

Action by Thomas Farmer against the National Life Association of Hartford. From an order denying a motion to set aside service of summons, defendant appeals. Affirmed.

Argued before BARNARD, P. J., and DYKMAN and PRATT, JJ.

Roger Foster, for appellant.

Judge & Durack, (James P. Judge, of counsel,) for respondent.

This is an appeal from an order denying a motion to set aside the service of the summons in this action. The summons was sent to the superintendent of the insurance department at Albany, and he gave an admission of due service of the same, in pursuance of a power of attorney which had been executed to him for that purpose, under the provisions of the statute requiring the same. Our conclusion is that the service was valid and sufficient, and the order should be affirmed, with $10 costs and disbursements. All concur.