Mulhearn v. Press Publishing Co.
Supreme Court of New Jersey
This is a motion to set aside the service, of a summons upon a foreign corporation. The Press Publishing Company is a-corporation organized under the laws of the State of New York and doing business in New York city. It publishes the New York World newspaper. The plaintiff brought, in our Supreme Court, an action against the defendant named and another— an action for libel. The summons was served by the sheriffs of Essex and Union-counties.
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This is a motion to set aside the service, of a summons upon a foreign corporation. The Press Publishing Company is a-corporation organized under the laws of the State of New York and doing business in New York city. It publishes the New York World newspaper. The plaintiff brought, in our Supreme Court, an action against the defendant named and another— an action for libel. The summons was served by the sheriffs of Essex and Union-counties. The service in Essex was upon one Jabez Eeary and in Union upon one Alexander Cross. Both of these were newsdealers, selling the World with other, papers.…
1Opinion of the Court
The opinion of the court was delivered by
Reed, J.
The question is, whether either of the persons upon whom service was made was an agent of the corporation within the meaning of section 88 of the Corporation act. Rev.,p. 193. I think not. As vendors of newspapers they had no connection with defendants. They dealt with the news company. As receivers and forwarders of advertisements their employment was confined to the narrowest limit. The line between those who represent and those who do not represent a foreign corporation for the purposes of this act, cannot be defined by a formula. But it was…
2Cases cited1 opinion
- Norton v. Berlin Iron Bridge Co.Supreme Court of New Jersey · 1889
3Cited by10 opinions
- State ex rel. Mackey v. District CourtMontana Supreme Court · 1910
- Doe v. Springfield Boiler & Mfg. Co.Court of Appeals for the Ninth Circuit · 1900
- Jenkins v. Penn Bridge Co.Supreme Court of South Carolina · 1906
- Shelton v. Southern Kraft CorporationSupreme Court of South Carolina · 1940
- Dyar v. Georgia Power Co.Supreme Court of South Carolina · 1934
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