Desper v. Continental Water Meter Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed November 17, 1882, alleging that, on June 4, 1881, the plaintiffs assigned to the defendant, a corporation established under the laws of the State of Maine, and having a usual place of business and property in this Commonwealth, certain letters patent of the United States ; that, on the same day, an agreement in writing was entered into between the plaintiffs and the defendant, by the terms of which the plaintiffs sold to the defendant all the stock,…
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Bill in equity, filed November 17, 1882, alleging that, on June 4, 1881, the plaintiffs assigned to the defendant, a corporation established under the laws of the State of Maine, and having a usual place of business and property in this Commonwealth, certain letters patent of the United States ; that, on the same day, an agreement in writing was entered into between the plaintiffs and the defendant, by the terms of which the plaintiffs sold to the defendant all the stock, tools, patterns, machinery, and other property used by the plaintiffs in the manufacture of water meters, and the…
1Opinion of the CourtField, J.
In this Commonwealth, a foreign corporation, unless jurisdiction over it is given by statute, or unless it voluntarily appears, cannot be sued at law, except by means of an attachment of its property. Andrews v. Michigan Central *254Railroad, 99 Mass. 534, National Bank of Commerce v. Huntington, 129 Mass. 444. Peckham v. Haverhill Parish, 16 Pick. 274, 286. The service of process in this suit was not a legal service upon the corporation, as there is no statute authorizing such a service; at the most, it was only equivalent to notice of the suit.
It seems that the law is otherwise in England, and…
2Cases cited8 opinions
- Felch v. HooperMassachusetts Supreme Judicial Court · 1875
- Carver v. PeckMassachusetts Supreme Judicial Court · 1881
- Binney v. AnnanMassachusetts Supreme Judicial Court · 1871
- Kansas & Eastern Railroad Construction Co. v. Topeka, Salina & Western RailroadMassachusetts Supreme Judicial Court · 1883
- National Bank of Commerce v. HuntingtonMassachusetts Supreme Judicial Court · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- American Circular Loom Co. v. WilsonMassachusetts Supreme Judicial Court · 1908
- Groel v. United Electric Co.New Jersey Court of Chancery · 1905
- Henrietta Mining & Milling Co. v. JohnsonSupreme Court of the United States · 1899
- Merrill v. BeckwithMassachusetts Supreme Judicial Court · 1895
- Potter v. Lapointe Machine Tool Co.Massachusetts Supreme Judicial Court · 1909
5 more not listed; retrieve them via the Exa API.