Porter v. Chicago & Northwestern Railway Co.
Nebraska Supreme Court
Porter sued the Chicago and Northwestern Railway Company in the District Court for Douglas county. The summons was returned served by leaving a certified copy thereof with “ W. B. Strong, the general managing agent of the defendant, at their usual place of doing business in the county of Douglas, State of Nebraska.” The defendant appeared specially, and by motion objected to the service alleging that Strong was not a managing agent within the meaning of the statute.
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Porter sued the Chicago and Northwestern Railway Company in the District Court for Douglas county. The summons was returned served by leaving a certified copy thereof with “ W. B. Strong, the general managing agent of the defendant, at their usual place of doing business in the county of Douglas, State of Nebraska.” The defendant appeared specially, and by motion objected to the service alleging that Strong was not a managing agent within the meaning of the statute. The motion was supported by an affidavit made by Strong, in which he says that he is superintendent of the offices of the…
1Opinion of the Court
Mason, Ch. J.
The defendant transacts all its business in this State, at its office in Omaha. The person served with this summons is superintendent of this office, as well as of that at Council Bluffs. He has the general direction and management of its business at the former office. An agent who is invested with the general conduct and control, at a particular place, of the business of a corporation, is a managing agent, within the meaning of the 75 th section of the Code, which authorizes service of summons on a managing agent of a foreign corporation, and it is immaterial where he resides.
It…
2Cited by20 opinions
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- Federal Betterment Co. v. ReevesSupreme Court of Kansas · 1906
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