Candas v. Agnini
District Court, S.D. New York
1Opinion of the Court
CAFFEY, District Judge.
The plaintiffs have furnished no evidence. They rest on the affidavits submitted by the defendants. Even so, the case is close.
The sole issue which has been discussed by counsel is whether, when Michaels was served with process, the defendant firm had a “regular and established place of business” in this district.
The plaintiffs rely chiefly on International Harvester Co. v. Kentucky, 234 U. S. 579, 34 S.Ct. 944, 58 L.Ed. 1479. That, however, was not a patent suit; nor was the question involved in it determinable under section 109 of title 28 of the United States Code…
2Cases cited4 opinions
- International Harvester Co. of America v. KentuckySupreme Court of the United States · 1914
- Zimmers v. Dodge BrothersDistrict Court, N.D. Illinois · 1927
- Elevator Supplies Co. v. Wagner Mfg. Co.District Court, S.D. New York · 1931
- Davis v. Motive Parts Corp.District Court, S.D. New York · 1922
3Cited by5 opinions
- Phillips v. BakerCourt of Appeals for the Ninth Circuit · 1941
- Minnesota Mining & Mfg. Co. v. International Plastic Corp.Court of Appeals for the Seventh Circuit · 1947
- Ferguson v. Ford Motor Co.District Court, S.D. New York · 1948
- McGah v. VM CORPORATIONDistrict Court, N.D. Illinois · 1958
- Up-Right, Inc. v. Aluminum Safety Products, Inc.District Court, D. Minnesota · 1958