Legal Opinion

Palmer v. Duplex Truck Co.

Supreme Court of New Hampshire

Decided June 4, 1918PublishedCited by 5 opinions

Action at Law, to recover for damage in a highway collision between motor-vehicles July 18, 1917. > The plaintiff is a resident of the county; the defendants are described in the writ as a corporation doing business at Boston, Massachusetts, and the trustee as a corporation doing business as a nonresident company under license in this state. The trustee »was summoned by service upon the insurance commissioner.

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Action at Law, to recover for damage in a highway collision between motor-vehicles July 18, 1917. > The plaintiff is a resident of the county; the defendants are described in the writ as a corporation doing business at Boston, Massachusetts, and the trustee as a corporation doing business as a nonresident company under license in this state. The trustee »was summoned by service upon the insurance commissioner. There was no service upon the principal defendants, and, upon the entry of the writ, the plaintiff moved to continue for notice and for leave to take the trustees’ disclosure. The…

1Opinion of the CourtParsons, C. J.

Although the principal defendants were nonresidents not served with process before the entry of the suit, the court obtained jurisdiction of the plaintiff’s controversy with the trustees by service in this state. Service can be made upon the defendants out of the state only in the event of the attachment of their property in the state. In the orderly disposition of the litigation the first step is the adjudication of the controversy between the plaintiff and the trustees.

The trustees have not given their disclosure nor has the plaintiff taken it, as either party might have done before the…

2Cases cited7 opinions

  1. Corning v. RecordsSupreme Court of New Hampshire · 1898
  2. Steer v. DowSupreme Court of New Hampshire · 1908
  3. Lombard v. Maguire-Penniman Co.Supreme Court of New Hampshire · 1916
  4. Nashua Light, Heat, & Power Co. v. Francestown Soapstone Co.Supreme Court of New Hampshire · 1908
  5. Bucklin v. PowellSupreme Court of New Hampshire · 1880

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Forbes v. BoyntonSupreme Court of New Hampshire · 1973
  2. Gray v. HouckTennessee Supreme Court · 1934
  3. Autoridad de las Fuentes Fluviales de Puerto Rico v. Irizarry CardellSupreme Court of Puerto Rico · 1951
  4. Rocca v. KenneySupreme Court of New Hampshire · 1977
  5. Puerto Rico Water Resources Authority v. Irizarry CardellSupreme Court of Puerto Rico · 1951

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