SMITH v. COMMERCIAL TRAVELERS MUT. ACC. ASS'N

No. 9003.

158 F.2d 65 (1946)

SMITH v. COMMERCIAL TRAVELERS MUT. ACC. ASS'N OF AMERICA.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied December 20, 1946.


Attorney(s) appearing for the Case

Jay E. Darlington, of Hammond, Ind., for appellant.

L. L. Bomberger and Rae M. Royce, both of Hammond, Ind. (Moses G. Hubbard, Jr., of Utica, N. Y., of counsel), for appellee.

Before SPARKS and KERNER, Circuit Judges, and HOLLY, District Judge.


KERNER, Circuit Judge.

Upon the death of her husband, plaintiff as beneficiary of a certificate of membership constituting a contract of insurance sued defendant. Defendant filed a motion to dismiss plaintiff's complaint on the grounds (1) that defendant, a New York corporation, was never qualified to do business in Indiana and therefore was not subject to the jurisdiction of the District Court there, and (2) that a one-year limitation in the contract barred plaintiff...

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