Page:Federal Reporter, 1st Series, Volume 5.djvu/239

NORTHWBSTBBN MUT. UFB INS. 00. V. ELLIOTT. 227 �that no part of the property aforesaid was purchased with said money, but that said real property was purchased with the funds of said Arty Mesy derived from her father's estate 25 years ago, and the interest thereon, amouûting to $2,300, and that said Albert Elliott paid aboQt $800 for the 100 acres thereof subsequently conveyed to him. �The defence that the contract and policy of Insurance ia void is founded upon the statute of Oregon, (Or. Laws, 617, Oct. 24, 18Ge,) providing that "a foreign corporation, before transacting business in this state, must duly" appoint an attorney resident here, upon -whom service of process may be made in ail proceedings brought against it within the state. �Inre Gomstock, 3 Sawy. 218, and in Semple v. The Bank qf B. G. 5 Sawy. 88, this court held that a foreign corporation, before complying with this act, is not authorized to transact business in Oregon, and that any act done therein by such corporation, before the appointaient of such resident attorney, is null and void; and to the same effect is the decision of the supreme court of the state in BankofB. G. v. Page, 6 Or. 431. �In reply to this the plaintiff contends that the contract of insurance was not made in Oregon, but in Wieconsin, and is therefore valid notwithstanding the Oregon statute. The facts bearing upon this question appear to be that the appli- cation for the policy was made at Portland, Oregon, on Sep- tember 22, 1870, to 0. B. Gibson, the agent of the plaintiff, then resident here, who then stated thereon thatthe "renewals" were to be made at the Portland ageney, and was by him forwarded to the plaintiff, who, on Oetober 19, 1870, at Mil- waukee, Wisconsin, forwarded the policy, signed by its pres- ident and secretary, to said Gibson at Portland, Oregon, who then delivered the same to the insured, andreceived from him the first quarterly premium of $26 cash, and $39.28 in.his note. The policy contains this clause : "Sevenih. This policy shall not take effect and becotrre binding on the company until the premium shall be actually paid during the life-time of the person whose life is assured, to the company or some person authorized to reçoive it, who shall countersigri the policy on receipt of the premium." . j = ����