Legal Opinion

Wold v. J. B. Colt Co.

Supreme Court of Minnesota

Decided November 29, 1907No. Nos. 15,304—(32)PublishedCited by 24 opinions

Action in the district court for Beltrami count}' to recover $1,99? for personal injuries. From an order, McClenahan, J., granting defendant’s motion to set aside and vacate the service of summons, plaintiff appealed.

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Action in the district court for Beltrami count}' to recover $1,99? for personal injuries. From an order, McClenahan, J., granting defendant’s motion to set aside and vacate the service of summons, plaintiff appealed. Part of the affidavit of the alleged agent was as follows: “That during the year 1903, an arrangement was made by and between this affiant and said defendant by which the said defendant gave to the affiant the exclusive right to sell as a dealer within certain counties of the state of Minnesota acetylene generators and accessories, manufactured by said defendant; that under said…

1Opinion of the CourtElliott, J.

The summons in this action against the J. B. Colt Company, a corporation organized under the laws of the state of New York, was *389served upon I. E. Burt, a resident of the city of Minneapolis. A motion was made by the defendant to set aside the service of the summons on the ground that the defendant corporation was not doing business in the state of Minnesota and that Burt was not an agent of the defendant upon whom service could be made. The court granted the motion and the plaintiff appealed from the order.

It appears from the affidavits that Burt was not in fact the agent of the corporation,…

2Cases cited8 opinions

  1. St. Clair v. CoxSupreme Court of the United States · 1882
  2. Connecticut Mutual Life Insurance v. SpratleySupreme Court of the United States · 1899
  3. Conley v. Mathieson Alkali WorksSupreme Court of the United States · 1903
  4. Waters-Pierce Oil Co. v. TexasSupreme Court of the United States · 1900
  5. Doe v. Springfield Boiler & Mfg. Co.Court of Appeals for the Ninth Circuit · 1900

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

3Cited by24 opinions

  1. American Asphalt Roof Corp. v. ShanklandSupreme Court of Iowa · 1928
  2. W. J. Armstrong Co. v. New York Central & Hudson River RailroadSupreme Court of Minnesota · 1915
  3. Hall v. Wilder Manufacturing Co.Supreme Court of Missouri · 1927
  4. State Ex Rel. Ferrocarriles Nacionales De Mexico v. RutledgeSupreme Court of Missouri · 1932
  5. Dahl v. ColletteSupreme Court of Minnesota · 1938

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