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MINNESOTA COMMERCIAL MEN'S ASSN. V. BENN, 261 U. S. 140 (1923)

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U.S. Supreme Court

Minnesota Commercial Men's Assn. v. Benn, 261 U.S. 140 (1923)

Minnesota Commercial Men's Association v. Benn

No. 103

Argued January 12, 1923

Decided February 19, 1923

261 U.S. 140

Syllabus

1. A judgment by default rendered against a foreign corporation on process served on a state officer as its agent, in a state in which it has done no business, nor otherwise consented to be so served, is void. P. 261 U. S. 145.

2. Upon facts stated, held:

(a) That a contract of insurance made between a mutual insurance company and a person domiciled in another state, through acceptance at the company's home office of an application received by mail, was a contract made and to be performed in the the company's domicile; and

(b) That the company could not be said to be doing business in the other state merely because one or more of its members, at its suggestion but without authority to obligate it, solicited new members there, or because it insured persons living there, mailed notices to them, and paid losses by checks upon its home bank, mailed from its home office. P. 261 U. S. 144.

149 Minn. 497 reversed.

Certiorari to a judgment of the Supreme Court of Minnesota affirming a judgment recovered by the respondent against the petitioner in an action based on a Montana judgment. chanroblesvirtualawlibrary

Page 261 U. S. 141





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