United States Supreme Court Cases & Opinions

U.S. Supreme Court

Pink v. A.A.A. Highway Express, Inc., 314 U.S. 201 (1941)

Pink v. A.A.A. Highway Express, Inc.

No. 48

Argued November 19, 1941

Decided December 8, 1941

314 U.S. 201

Syllabus

Although, by the law of the incorporation, policyholders of a mutual insurance company be "members" of the company and, as such, liable to pay assessments made and adjudged against them in that State in liquidation proceedings, the courts of another State are not required by the Full Faith and Credit Clause to enforce such liability against local residents whose policies are local contracts and, on their face, are mere contract of insurance without mention of membership or assessments, but are free to decide according to the local law and policy the question whether, by entering into such contracts, the residents became members of the company. P. 314 U. S. 208.

So held where the policyholders had not appeared or been personally served in the foreign liquidation proceeding.

191 Ga. 520, 13 S.E.2d 337, affirmed.

Certiorari, 313 U.S. 555, to review a judgment which affirmed a judgment dismissing on demurrer a suit brought by a New York Superintendent of Insurance against numerous residents of Georgia, policyholders in a New York mutual insurance company, to recover assessments made against them in proceedings conducted in New York for the liquidation of the company.

Page 314 U. S. 203