Majority
p. 183Thomas Farmer, Resp’t, v. The National Life Association of Hartford, Conn., App’lt. (Supreme Court, General Term, Second Department, Filed February 13, 1893.)
Headnote
Service — Foreign insurance companies.A service upon a foreign insurance company by mailing the summons to the superintendent of the insurance department, who gives an admission of service, is valid and sufficient.
Appeal from order denying motion to set aside service of a summons.
Roger Foster, for app’lt; James P. Judge, for resp’t
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 ten dollars costs and disbursements.
Barnard, P. J., and Pratt, J., concur.