62 Iowa 272 | Iowa | 1883
On May loth, 1880, one Shaffer was the plaintiff’s agent at Colo, Story county. He took an applica-^on
On the 15th day of September, 1880, D. E. Bishop was appointed by plaintiff as its soliciting and recording agent at Colo. A recording agent has power to issue policies, but a soliciting agent has not. In August, 1881, an action on
The plaintiff is a resident of Polk county, but, as the loss occurred in'Story county, the district'court of that county had jurisdiction of the subject matter. Code, § 2584.
The only question to be determined, therefore, is whether the court obtained jurisdiction over the plaintiff by the service of notice on Bishop.
I. The Code provides that in suits against corporations service may be made on any agent employed in the general management of its business. § 2612. ' It is- not claimed that Bishop was such an agent. .
Section 2613. of the Code is as follows: “.’Where a corporation, company or individual has, for the transaction of any business, an office or agency in any county other than that in which the principal resides, service may.be made on any agent or clerk employed in such office or agency, in all actions growing out of or connected with .the' business, of that office or agency.”
It will be observed that tlie service must be made on some one “ employed in such office or agency, in all actions growing out of, or connected with, the business of that, office or agency.” As we understand, service could be made on Bishop, and the plaintiff bound thereby, in all actions growing out of or connected with his {that) office or agency. Beyond this the statute does not go. • Suppose there were two agents’ or agencies in the same county, legal service could not be' made on any person employed in one office or agency, when-the business out of which the action grew was transacted in the other office or agency. Again, suppose an agent is removed, or ceases to act, and the agency is for a time closed/ and afterward' another agent is appointed, and thereafter there is such an office or agency, can a- person employed in the
The plaintiff, therefore, is not bound by the notice served on Bishop. Such a service has no more force and effect than if made on a stranger. It is not a defective service, but must be regarded as no service. There cannot be any great hardship if a party is required to serve the principal, or some’ agent, or other person, as provided by statute.
It -was held in Newcomb v. Dewey, 27 Iowa, 381, that, if the defe7idant in an action did not have notice of the pend-ency thereof as required and prescribed by statute, the judgment obtained by default should be set aside in a proceeding
II. Counsel for the .appellee insist that the plaintiff had knowledge of the pendency of the action, and therefore is now estopped from insisting that it is invalid for want of notice. But we think the clear preponderance of the competent evidence is that the plaintiff did not have any knowledge of the action until after the judgment was rendered.
III. It is also insisted that the plaintiff has failed to show that it has a meritorious defense to the action on the policy.
The judgment of the district court is
Reversed.