United States Supreme Court Cases & Opinions

U.S. Supreme Court

Morris & Co. v. Skandinavia Ins. Co., 279 U.S. 405 (1929)

Morris & Co. v. Skandinavia Insurance Company

No. 450

Argued March 7, 1929

Decided May 13, 1929

279 U.S. 405

Syllabus

1. A foreign corporation held not suable without its consent in a state wherein it had done no business. P. 279 U. S. 408.

2. In making compacts of reinsurance in one state with insurers of property situate in another state, a foreign insurance company is not doing business in the second state. Id.

3. A Danish insurance company, whose business in this country was confined to reinsurance contracts made in New York, in order to comply with the law of Mississippi (Hemingway's Code, 1927, § 5864) where property covered by some of the insured risks was situate, appointed the Mississippi insurance commissioner its attorney upon whom process might be served, the authorization stating that service upon him should be deemed valid personal service upon the company and that such authority should continue so long as

Page 279 U. S. 406

any liability of the company remained outstanding in Mississippi, whether incurred before or after such appointment. Held that the statute and the appointment should not be construed as empowering the Mississippi courts to entertain an action brought against the company by a Louisiana corporation on a contract of marine insurance entered into abroad and unrelated to any matter in Mississippi. P. 279 U. S. 408.

4. A defendant does not waive objection to jurisdiction over his person by removing the case from the state to the federal court; nor by joining his plea to the jurisdiction with a plea in abatement because of another action pending, as permitted by the local practice and the Conformity Act. P. 279 U. S. 409.

27 F.2d 329 affirmed.

Certiorari, 278 U.S. 592, to review a judgment of the circuit court of appeals which affirmed a judgment of the district court dismissing the action for want of jurisdiction.