Libbey v. Hodgdon, Principal, & Portland Stage Co.
Superior Court of New Hampshire
This case came before the court upon an agreed statement of facts, It appeared that the Portland Stage Company was a corporation established by the state of Maine, and has not been incorporated in this state.
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This case came before the court upon an agreed statement of facts, It appeared that the Portland Stage Company was a corporation established by the state of Maine, and has not been incorporated in this state. Service of the writ was made by leaving a copy with A. R., who resides in this state, but who is not'agent, or clerk, or a member of the corporation—but is a servant employed by the agent, and has custody of the property of the corporation here : such as receiving money from passengers, and hiring and paying laborers. Said company owns real estate in Portsmouth, and has personal property…
1Opinion of the CourtWilcox, J.
This case involves the enquiry, whether a* foreign corporation can be sued in this state.
It has been held in Massachusetts, Peckham vs. North Parish in Haverhill, 16 Pick. 286, that a foreign corporation cannot be sued in that state. Such, also, seems to be the doctrine in New-York. McQueen vs. Middletown Man. Co., 16 Johns. R. 5.
The only reason given for these decisions is, that no writ can by their laws be legally served against a corporation in another state. Such process, it is said, must be served on its head, or principal officer, within the jurisdiction of the sovereignty where this…
2Cases cited3 opinions
- Silver Lake Bank v. NorthNew York Court of Chancery · 1820
- Portsmouth Livery Co. v. WatsonMassachusetts Supreme Judicial Court · 1813
- Williams v. MitchellMassachusetts Supreme Judicial Court · 1821
3Cited by8 opinions
- Leeper v. LeeperSupreme Court of New Hampshire · 1974
- Grappone, Inc. v. Subaru of America, Inc.District Court, D. New Hampshire · 1975
- Property Owners Ass'n at Suissevale, Inc. v. SholleySupreme Court of New Hampshire · 1971
- Mulhern v. Holland America CruisesDistrict Court, D. New Hampshire · 1975
- Roy v. Transairco, Inc.Supreme Court of New Hampshire · 1972
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