Page:Federal Reporter, 1st Series, Volume 1.djvu/482

 47e FEDEBAIi BEPOBTEB. �insurance companies doing business in this state. The act of 1875 simply devolves on the auditor of state the duties imposed by the act of 1873 on the insurance commissioner ; and the allegation that service on the auditor is not service on the Company is bad, because it does not show why it is not good service. Service on the auditor may be good per- sonal service on foreign companies doing business in this state, and the plea does not deny the existence of facts that would make such service good on this company. �It does not deny that the company transacted business and issued the policy in suit in this state ; but, waiving the technical objections to the plea. capable of amendment, v?e corne to the important point intended to be raised by the pleader, viz. : Whether, on the admitted facts on the record, service on the auditor of state is good service on the com- pany. �Every material allegation in the complaint not denied by the answer is admitted. �As the record stands the defendant admits that the plain- tiff is a citizen of this state ; that the defendant is an insur- ance company of another state, doing business and taking risks of insurance in this state ; that the plaintifif paid the premium, and the defendant issued to him the policy in suit ; that the property insured was in this state, and was, by the terms of the policy, to be kept here during the life of the policy, and that the loss oecurred in this state. In the face of these admissions ean the company be heard to say that service of the summons on the auditor is not good personal service on the company? �The insurance act of this state declares it shall be "unlawful for insurance companies to do business in this state without complying vrith its provisions, (section 3555,) and the act, among other things, requires them to make certain reports to the auditor of state disclosing their financial condition; and foreign companies are required to pay into the state treasury 3 per cent of the amount of their premiums received for pol- icies issued in this state, and such companies, their agents or brokers, transacting or soliciting business without having ��� �