Clews v. Woodstock Iron Co.
U.S. Circuit Court for the District of Southern New York
Motion to Set Aside Service of the Summons. Defendant is an Alabama corporation. Summons in an action brought in the state court was served on its president, Alfred L. Tyler. That officer was a resident of Alabama, and bad no residence in the state of New York. lie was at the time of service in New York city, attending to the business of various enterprises, including the negotiation for said defendant of a certain loan upon mortgage of its property.
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Motion to Set Aside Service of the Summons. Defendant is an Alabama corporation. Summons in an action brought in the state court was served on its president, Alfred L. Tyler. That officer was a resident of Alabama, and bad no residence in the state of New York. lie was at the time of service in New York city, attending to the business of various enterprises, including the negotiation for said defendant of a certain loan upon mortgage of its property. In order to obtain such loan ho presented the application of said defendant, on June 16, 1890, to the committee on stock-list of the New York…
1Opinion of the Court
Lacombe, Circuit Judge.
In Good Hope Co. v. Railway B. F. Co., 22 Fed. Rep. 635, it was held that service of summons upon the president, secretary, or treasurer of a foreign corporation, which is not engaged in business in this state, would be inoperative to confer jurisdiction. The decision was rendered after the converse of that proposition had been announced by the court of appeals, (construing section 432 of the Now York Code,) this court quoting with approval the language of the opinion in Moulin v. Insurance Co., 24 N. J. Law, 224, which characterized a law similar to that of this state…
2Cases cited1 opinion
- Harkness v. HydeSupreme Court of the United States · 1879
3Cited by14 opinions
- Wiwa v. Royal Dutch Petroleum Co.Court of Appeals for the Second Circuit · 2000
- Erl Anger Mills, Inc. v. Cohoes Fibre Mills, Inc.Court of Appeals for the Fourth Circuit · 1956
- Bolton v. White Motor Co.Supreme Court of Alabama · 1940
- Jameson v. Simonds Saw Co.California Court of Appeal · 1906
- Frawley, Bundy & Wilcox v. Pennsylvania Casualty Co.U.S. Circuit Court for the District of Middle Pennsylvania · 1903
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