Franco-American Chemical Co. v. McKee Glass Co.
District Court, S.D. New York
At I/aw. Action by the Franco-American Chemical Company against the McKee Glass Company, which was removed to the federal court. On defendant’s motion to set aside the service of the summons. Motion to set aside the service of a summons in a removed case upon a Pennsylvania corporation, making glassware and sending it in part to sell in New York.
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At I/aw. Action by the Franco-American Chemical Company against the McKee Glass Company, which was removed to the federal court. On defendant’s motion to set aside the service of the summons. Motion to set aside the service of a summons in a removed case upon a Pennsylvania corporation, making glassware and sending it in part to sell in New York. The New York orders were procured .by one Jones, who could close no contracts, but who had an office here, the rent being paid by the defendant, and who advised customers when the goods arrived. The cause was sent to a master, on whose report the…
1Opinion of the Court
LEARNED HAND, District Judge.
I think that Jones was not a “managing agent” under the New York decisions. Some doubtful cases occur when the agent has the power to close contracts. Fontana v. Post Printing & Pub. Co., 87 App. Div. 234, 84 N. Y. Supp. 308, is such a case, and the court thought that even the power to close advertising contracts was not enough; to the same effect is Vitolo v. Bee Publishing Co., 66 App. Div. 582, 73 N. Y. Supp. 273. Palmer v. Chicago Evening Post, 85 Hun, 403, 32 N. Y. Supp. 992, must be considered overruled by these cases. In Beck v. North Packing & Provision…
2Cases cited7 opinions
- Taylor v. Granite State Provident Ass'nNew York Court of Appeals · 1893
- Coler v. Pittsburgh Bridge Co.New York Court of Appeals · 1895
- Vitolo v. Bee Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Beck v. North Packing & Provision Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Fontana v. Post Printing & Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Goetz v. Interlake S. S. Co.District Court, S.D. New York · 1931
- Wolitz v. India Tire Co.District Court, E.D. New York · 1934