59 N.J.L. 328 | N.J. | 1896
The opinion of the court was delivered by
This suit was brought by the plaintiff upon a contract to indemnify it against legal liability for injury to or death of persons arising by reason of casualty occurring in, «pon or about, or by reason of the plaintiff’s street railroad. The contract is dated July 11th, 1893, and was for the period of one year. It was made in the name of “ The Guarantors of Pennsylvania.” This body is an unincorporated association composed of one hundred individuals, who are engaged in this branch of business under the name above mentioned. By the articles of association the government of the association is vested in a board of government, consisting of twenty-five members, to be elected annually.
The summons was served by the sheriff of Camden county on Maurice A. Rogers, a member of the association and also one of the board of governors. This application is made to set aside the summons, service and return on two grounds— first, that the association was not in existence when this suit was begun, and second, that service on Mr. Rogers was not legal service. It does not appear that the association was dissolved by any legal proceedings. All that appears is that in March, 1894, the association quit business. The policy issued in this case, although in form purporting to be in a oorporate name, is in legal effect the contract of the individual members of the association, doing business in the assumed name. An association of this kind, like an ordinary partnership, cannot go out of existence while its contracts and obligations are outstanding. Nor does it appear that Mr. Rogers had ceased to be one of the board of governors when process was served upon him. When he was last elected a
We think that service was properly made upon Mr. Rogers.
The rule to show cause should be discharged, with costs.