St. L., I.M. & S. Ry. Co. v. Commercial Union - 139 U.S. 223 (1891)
U.S. Supreme Court
St. L., I.M. & S. Ry. Co. v. Commercial Union, 139 U.S. 223 (1891)
St. Louis, Iron Mountain and Southern Railway Company
v. Commercial Union Insurance Company
Submitted December 15, 1890
Decided March 16, 1891
139 U.S. 223
ERROR TO THE CIRCUIT COURT OF THE UNITED
STATES FOR THE EASTERN DISTRICT OF ARKANSAS
In the Arkansas, foreign insurance companies are governed by the statute of March 26, 1887, requiring such companies to file with the auditor of state stipulations for the service of process upon them, and not by the statute of April 4, 1887, which requires foreign corporations to file such stipulations with the secretary of state.
The right of an insurer, upon paying for a total loss of the goods insured, to recover over against a third person responsible for the loss is derived by way of subrogation from the assured, and can be enforced in his right only.