Page:Federal Reporter, 1st Series, Volume 1.djvu/484

 476 FEDERAL REPORTER. �be used to compel foreign corporations, transaeting thia busi- ness of insurance within ,the state for their beneat and profit, to answer there for the breach of their contracts of insurance there made and to be performed." Lafayette Ins. Co. v. French et al. 18 How. 404. �And in a later case the court say that if there could be no legal redress short of the seat of the eompany in another state, the eost of the remedy would in most instances exceed the value of its fruits, and the resuit would be, to a large extent, immunity from ail legal responsibility. Railroad Co. V. Harris, 12 Wall. 65. �By the provisions of section 3561 every insurance eompany of another state is required to stipulate in terms that service on the auditor shall be service on the eompany. If the stip- ulation is filed service may be on the auditor, or the person designated by him, or the agent designated by the eompany, at the election of the plaintiff. Cnnningham v. Southern Express Co. 67 N. C. 425. And if the auditor does not desig- nate a party, and the eompany does not specify an agent, then the auditor alone is the proper person to serve with the process, and such service binds the eompany. �The citizen insuring his property in this state is not re- quired to search the files of the auditor's office for the pur- pose of ascertaining whether the eompany has filed the required stipulation, and otherwise complied with the statute. The receipt of the premium r.nd the execution and delivery of the policy by the eompany, are equivalent to an assertion by the eompany that it has complied with the requirements of the statute to entitle it to do business in the state, and, as between the assured and the eompany, the latter is estopped, upon the soundest principles of the law and morals, to say that it has not done so. �That the stipulation was not, in fact, filed with the auditor, is of no consequence if the eompany has done those things which imposed upon it the obligation and duty to file it. �The law deduces the agreement on the part of the eompany to answer in the courts of this state, on service made upou the ��� �