Diamond Power Specialty Co. v. Milne
Superior Court of Pennsylvania
Appeal, No. 145, Oct. T., 1916, by defendants, from judgment of Municipal Court of Philadelphia Co., Sept. T., 1915, No. 155, on verdict for plaintiff in case of Diamond Power Specialty Company v. David Milne and Caleb J. Milne, Jr., trading as C. J. Milne & Sons. Assumpsit for a soot blower sold and delivered. Before Knowles, J. At the trial defendants claimed that they had made payment to one Frank 'H. Street, an agent of the plaintiff.
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Appeal, No. 145, Oct. T., 1916, by defendants, from judgment of Municipal Court of Philadelphia Co., Sept. T., 1915, No. 155, on verdict for plaintiff in case of Diamond Power Specialty Company v. David Milne and Caleb J. Milne, Jr., trading as C. J. Milne & Sons. Assumpsit for a soot blower sold and delivered. Before Knowles, J. At the trial defendants claimed that they had made payment to one Frank 'H. Street, an agent of the plaintiff. The record showed that the plaintiff had issued a commission to take testimony in Detroit, and that this commission had been returned and filed. Attached to…
1Opinion of the Court
Opinion by
Portee, J.,
The plaintiff is a corporation of the State of Michigan. This being so it was required, by the Act of June 8, 1911, P. L. 710, as amended by the Act of April 22, 1915, P, L, *226170, before engaging in business in Pennsylvania, to appoint, in writing, the secretary of the Commonwealth and his successors in office to be its true and lawful attorney and authorized agent, upon whom all lawful process in any action or proceeding against it may be served, and to file said power of attorney in the office of the secretary of the Commonwealth. The fourth section of the statute…
2Cases cited1 opinion
- Commonwealth v. NoldeSuperior Court of Pennsylvania · 1910
3Cited by2 opinions
- Knapp Co. v. SaulSuperior Court of Pennsylvania · 1921
- Real Silk Hosiery Mills, Inc. v. Moran, Pennsylvania Court of Common Pleas, Philadelphia County1924