William R. Day

“ Mason. The record clearly discloses that Mason had authority to adjust and settle the loss which was the subject of the plaintiff's claim. It is true that the statute says that service may be upon 'any person within the state . . . who adjusts or settles the loss,' etc. This language clearly has reference to the authority of the person whom the statute declares to be competent to receive service of summons, and the statute, in effect, provides that the person clothed with such power shall be capable of receiving service upon the corporation. ”

“ It is further contended that the defendant company was not doing business within the state of Missouri. That it is essential, in order to obtain jurisdiction over a foreign corporation having, as in the case at bar, neither property nor agent in the state, that it be doing business in the state, is settled by numerous decisions of this court. ”

“ There is testimony tending to show that both parties expected an adjustment of the claim to be made at this meeting, which was held for that purpose. There is testimony from which it might be inferred that there was a bona fide offer to permit an examination at that time of the remains of the deceased. ”

“ On December 31, 1906, he received a gunshot wound, from which he died on the 4th of January, 1907. On January 7th, 1907, the insurance company was notified of the death. On January 14 and 15 one Dr. Mason, of Chicago, went to the city of Fayette, Missouri, the home of the plaintiff, and there made an investigation of the cause of death in defendant's behalf, and demanded an inspection of the body of the deceased, which demand was refused. ”