Mikolas v. Hiram Walker & Sons
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $4,500 for falsely and maliciously accusing plaintiff of having counterfeited defendant’s trademark. From an order, Smith, J., setting aside the service of the summons, plaintiff appealed.
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Action in the district court for Hennepin county to recover $4,500 for falsely and maliciously accusing plaintiff of having counterfeited defendant’s trademark. From an order, Smith, J., setting aside the service of the summons, plaintiff appealed. A part of defendant’s affidavit in support of the motion to set aside the service was as follows: “The said Weil was not, and is not now, and never was, an agent of the defendant within the meaning of the statutes of the state of Minnesota, upon whom such service could be made so as to bind this defendant; that said Weil has not, and never has had,…
1Opinion of the CourtMitchere, J.
The defendant is a foreign corporation, organized under the laws of the Dominion of Canada, having its principal place of business at Walkerville, in the province of Ontario. It appears at least inferentially, that its business is manufacturing “Canadian Club Whiskey.”
In this action, which is one in tort, the plaintiff sought to subject the defendant to the jurisdiction of the court, pursuant to the provisions of G. S. 1894, § 5200, by serving the summons on one Weil, as its agent. The defendant appeared specially, and moved to set *307aside the attempted service on the ground that Weil was not…
2Cases cited1 opinion
- United States v. American Bell Telephone Co.United States Circuit Court · 1886
3Cited by13 opinions
- W. J. Armstrong Co. v. New York Central & Hudson River RailroadSupreme Court of Minnesota · 1915
- Doe v. Springfield Boiler & Mfg. Co.Court of Appeals for the Ninth Circuit · 1900
- Dahl v. ColletteSupreme Court of Minnesota · 1938
- Wold v. J. B. Colt Co.Supreme Court of Minnesota · 1907
- North Wisconsin Cattle Co. v. Oregon Short Line RailroadSupreme Court of Minnesota · 1908
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