St. L., I.M. & S. Ry. Co. v. Commercial Union
139 U.S. 223 (1891)

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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

No. 1169

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

Syllabus

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.

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