Premo Specialty Mfg. Co. v. Jersey-Creme Co.
Court of Appeals for the Ninth Circuit
In Error to the District Court’ of the United States for the Southern Division of the Southern District of California; Olin Wellborn, Judge. Action at law by the Premo Specialty Manufacturing Company against the Jersey-Creme Company. Judgment for defendant, and plaintiff brings error.
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In Error to the District Court’ of the United States for the Southern Division of the Southern District of California; Olin Wellborn, Judge. Action at law by the Premo Specialty Manufacturing Company against the Jersey-Creme Company. Judgment for defendant, and plaintiff brings error. This was an action brought by plaintiff in error, a California corporation, in the superior court of Los Angeles county, Cal., to recover for goods, wares, and merchandise consisting of aseptic straw dispensers, alleged to have been sold and delivered f. o. 1>. at. Los Angelos, Cal., to the defendant in error, a…
1Opinion of the CourtMorrow, Circuit Judge
(after stating the facts as above). Section 411 of the Code of Civil Procedure of California, provides as follows:
“The summons must, be served by delivering a copy thereof as follows: v * «■ jf the suit is against a foreign corporation, or a nonresident joint-stock company or association, doing business and having a managing or business agent, cashier, or secretary within this state, to such agent, cashier or secretary.”
There may be a question upon the facts stated in the affidavits whether the defendant company was doing business within the state of California with respect to the sale of the…
2Cases cited8 opinions
- St. Clair v. CoxSupreme Court of the United States · 1882
- United States v. R. P. Andrews & Co.Supreme Court of the United States · 1907
- Newell v. Great Western Railway Co.Michigan Supreme Court · 1869
- Fond du Lac Cheese & Butter Co v. Henningsen Produce Co.Wisconsin Supreme Court · 1909
- Houston v. Filer & Stowell Co.U.S. Circuit Court for the Northern District of Illnois · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Erl Anger Mills, Inc. v. Cohoes Fibre Mills, Inc.Court of Appeals for the Fourth Circuit · 1956
- Henry R. Jahn & Son, Inc. v. Superior Court of San Mateo CountyCalifornia Supreme Court · 1958
- St. Mary’s Oil Engine Co v. Jackson Ice & Fuel Co.Supreme Court of Alabama · 1931
- The Thew Shovel Co. v. Superior CourtCalifornia Court of Appeal · 1939
- Spokane Merchants Ass'n v. Clere Clothing Co.Washington Supreme Court · 1915
14 more not listed; retrieve them via the Exa API.