Christiernson v. Hendrie & Bolthoff Mfg. & Supply Co.
South Dakota Supreme Court
Appeal from Circuit Court, Pennington County. Hon. Levi McGee, Judge. Action by W. E. Christiernson against the Hendrie & Bolthoff Manufacturing & Supply Company, a corporation. Judgment for plaintiff, and defendant appeals. Who is a “managing agent” within the purview of the statute.
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Appeal from Circuit Court, Pennington County. Hon. Levi McGee, Judge. Action by W. E. Christiernson against the Hendrie & Bolthoff Manufacturing & Supply Company, a corporation. Judgment for plaintiff, and defendant appeals. Who is a “managing agent” within the purview of the statute. The statutes contemplate a person invested with general powers, involving the exercise of judgment and discretion, and having some general control of the affairs of the corporation in the locality where his duties are performed. No matter how extensive an employe’s duties may be, so long as they are performed…
1Opinion of the CourtPianey, J.
This is an action for damages resulting from an alleged breach of warranty of machinery purchased by the plaintiff, a resident of this state, of the defendant, a foreign corporation. Service of the summons was made by delivery of a copy to one Everett W. Brown, as defendant’s “managing agent.” Defendant, appearing for that purpose only, moved the court below to vacate the service on the ground that Brown was not its “managing agent.” Denial of this motion is assigned as error.
The language of the pertinent portions of the statute relating to the service of summons in civil actions is as…
2Cases cited2 opinions
- Foster v. Charles Betcher Lumber Co.South Dakota Supreme Court · 1894
- Mars v. Oro Fino Min. Co.South Dakota Supreme Court · 1895
3Cited by6 opinions
- Burgess v. FelixSupreme Court of Oklahoma · 1914
- Brewster v. FC Russell CompanySouth Dakota Supreme Court · 1959
- Uhlich v. Hilton Mobile HomesSouth Dakota Supreme Court · 1964
- Black Hills Brewing Co. v. Middle West Fire InsuranceSouth Dakota Supreme Court · 1915
- Crossman v. Contractors Rigging and ErectionSouth Dakota Supreme Court · 1972
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