Legal Opinion

Klopp, Bartlett & Co. v. Creston City Guarantee Water-works Co.

Nebraska Supreme Court

Decided June 11, 1892PublishedCited by 11 opinions

Error to the district court for Douglas county. Tried below before Clarkson, J. cited, contending that the service was sufficient: C., B. <& Q. R. Co. v. Manning, 23 Neb., 552; House v. Cooper, 30 Barb. [N. Y.], 157; that there was a general appearance by defendant: Porter v. R. Co., 1 Neb., 14; Crowell v. Galloway, 3 Id., 220; Buclclin v. StrioJcler, 32 Id., 602. A foreign corporation having no business in Nebraska cannot be sued in a Nebraska court by serving a summons on…

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Error to the district court for Douglas county. Tried below before Clarkson, J. cited, contending that the service was sufficient: C., B. <& Q. R. Co. v. Manning, 23 Neb., 552; House v. Cooper, 30 Barb. [N. Y.], 157; that there was a general appearance by defendant: Porter v. R. Co., 1 Neb., 14; Crowell v. Galloway, 3 Id., 220; Buclclin v. StrioJcler, 32 Id., 602. A foreign corporation having no business in Nebraska cannot be sued in a Nebraska court by serving a summons on its vice president, who is simply passing through the state. (Fitzgerald v. Con. Co., 137 U. S., 98; G, B. & Q. R. Co.…

1Opinion of the Court

Maxwell, Ch. J.

The plaintiff brought an action against the defendant in the county court of Douglas county upon the following account:

*809“Omaha, Neb., Dec. 5, 1890.
“Creston City Guarantee Water-works Co., Creston, Ia.,
“To Klopp, Bartlett & Co., Dr.

February 18, to ptg. 100 coupon bonds........... $81 00

February 18, to ptg. one book stock certificate... 21 00

February 18, to ptg. one engraved heading for certificate............................................. 16 00

February 18, to ptg. engraved bond............... 20 00

February 18, to engraving and making 5 autographs…

2Cases cited2 opinions

  1. Porter v. Chicago & Northwestern Railway Co.Nebraska Supreme Court · 1871
  2. Chicago, Burlington & Quincy Railroad v. ManningNebraska Supreme Court · 1888

3Cited by11 opinions

  1. Brown v. Globe Laboratories, Inc.Nebraska Supreme Court · 1957
  2. Kaw Boiler Works v. FrymyerSupreme Court of Oklahoma · 1924
  3. Frederick N. Peterson, Administrator of the Estate of Charles Steven Peterson, Deceased v. U-Haul Co.Court of Appeals for the Eighth Circuit · 1969
  4. Rush v. Foos Manufacturing Co.Indiana Court of Appeals · 1898
  5. Carstens & Earles, Inc. v. Leidigh & Havens Lumber Co.Washington Supreme Court · 1898

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