Lafayette Insurance Company v. French

THIS case was brought up, by a writ of error, from the circuit court of the United States for the district of Indiana.

In 1836, the legislature of Indiana chartered the Lafayette Insurance Company with the usual powers of a company to insure against losses by fire. Their principal office or place of business was at Lafayette, in Indiana, but they also had an office at Cincinnati, in the county of Hamilton and State of Ohio. At the latter place, the agent issued a policy to the defendants in error, to insure certain property against fire, which was afterwards consumed. An action was brought upon the policy in Ohio, the process being served upon the agent, and a judgment was entered against the company. Upon a record of this judgment, an action was brought in the circuit court of the United States, in Indiana, and judgment again entered against the company.

Upon the trial the plaintiffs offered in evidence a copy of the record of the case, as tried in Ohio, to the introduction of which the defendant objected for the following reasons, namely:--

1. Because said judgment record shows and evidences a judgment recovered against 'The President, Directors, and Company of the Lafayette Insurance Company,' and does not show or evidence the recovery of a judgment against this defendant.

2. Because said judgment record does not show or evidence the service of process upon this defendant as required by law, nor the appearance of this defendant by attorney, or otherwise in said action or suit in said commercial court, and that said judgment, as a judgment, is therefore a nullity.

3. Because the said judgment record does not evidence the existence of rendition of a judgment in personam against said defendant.

But the court admitted the evidence. Some of the counts in the declaration being upon the policy as well as the record, the plaintiffs then introduced evidence to show the loss, value, &c. of the property insured. Judgment was rendered against the defendants for $2,817.11.

It was argued in this court by Mr. Gillett, for the plaintiff in error, and submitted upon a printed argument by Mr. O. H. Smith, for the defendants.

Pending the argument a copy of a law of Ohio was produced (Ohio General Laws, vol. 45, p. 17) entitled 'An act to authorize suits upon contracts of insurance to be brought in the county in which the contract may be made,' the third section of which provided for the service of process, as in this case.

Mr. Justice CURTIS delivered the opinion of the court.