Cone v. Tuscaloosa Manuf'g Co.
U.S. Circuit Court for the District of Southern New York
This was a suit by Moses H. Gone against the Tuscaloosa Manufacturing Company. The cause was heard on a motion by -the defendant to set aside the service of summons.
1Opinion of the Court
LACOMBE, Circuit Judge.
The circumstance that the president of defendant corporation is here casually to discharge his duties as a public officer, and not on any business for the corporation, is immaterial, if the papers show that the corporation does business here. The cause is a removed one; service on the president is undoubtedly sufficient, under the state law; and, if the defendant corporation has come into the state to do business, it will be assumed to have assented to be bound by the state law. The business of defendant corporation is twofold. It manufactures cotton goods, and then…
2Cases cited1 opinion
- Willard v. WoodSupreme Court of the United States · 1890
3Cited by9 opinions
- Premo Specialty Mfg. Co. v. Jersey-Creme Co.Court of Appeals for the Ninth Circuit · 1912
- Spokane Merchants Ass'n v. Clere Clothing Co.Washington Supreme Court · 1915
- George A. Hormel & Co. v. AckmanSupreme Court of Florida · 1934
- Atlas Engine Works v. ParkinsonDistrict Court, W.D. Wisconsin · 1908
- Eastern Livestock Co-Operative Marketing Ass'n v. DickensonCourt of Appeals for the Fourth Circuit · 1939
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