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Imperial, Consolidated, Mining Co., Roach v.

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In re Dillon.....

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In re South Mountain Con. Mining Co.......

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Jupiter Mining Co. v. Bodie Con. Mining Co......... 96

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Northwestern Mut. Life Ins. Co. v. Elliott...

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Oregon and Cal. R. R. Co., Holmes v..
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Pacific R. M. Co. v. Dayton, S. & G. R. Ry. Co.....

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Palmer, Huntington v.....

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Perine, California Artificial Stone Paving Co. v..

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San Jacinto Tin Co., Manning v..

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San Mateo County v. Southern Pacific R. R. Co...... 517

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South Mountain Con. Mining Co., In re.

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Southern Pacific R. R. Co., San Mateo County v...... 517

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DECISIONS

OF THE

CIRCUIT AND DISTRICT COURTS

OF THE

UNITED STATES, FOR THE NINTH CIRCUIT.

NORTHWESTERN MUTUAL LIFE INSURANCE Co. v.
JEREMIAH ELLIOTT ET AL.

CIRCUIT COURT, DISTRICT OF OREGON.
DECEMBER 29, 1880.

1. CONTRACT, WHERE MADE.-A policy was issued from the office of the plaintiff, in Milwaukee, Wisconsin, upon the life of M. E., in Portland, Oregon, and forwarded to the local agent there for delivery, containing a clause to the effect that the policy was not binding upon the company until countersigned and delivered there and the premium paid accordingly: Held, that the contract was completed in Oregon, that its validity must be determined by the laws of Oregon, and that the plaintiff being then prohibited from doing business in Oregon, the contract was null and void.

2. MONEY OBTAINED BY FRAUD.-J. E., the assignee of the aforesaid policy, obtained from the plaintiff thereon, the sum of seven thousand nine hundred and thirty-one dollars and ninety-seven cents, upon the false and fraudulent representation that the assured was dead: Held, that notwithstanding the illegality of the contract of insurance, the plaintiff might maintain a suit against J. E. to recover the money so fraudulently obtained by him.

3. CITIZEN OF ANOTHER STATE-RIGHT OF, TO SUE IN THE NATIONAL COURT.-A prohibition by a state that a corporation of another state shall not do business therein, does not prevent such corporation from suing in a national court in the former state, because a state cannot prevent a foreign corporation from suing in such tribunal.

Before DEADY, District Judge.

ON October 19, 1870, the plaintiff, at its office in Milwaukee, Wisconsin, issued a policy of insurance on the life of

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