Legal Opinion

Kendall v. Orange Judd Co.

Supreme Court of Minnesota

Decided May 24, 1912No. Nos. 17,548—(113)PublishedCited by 13 opinions

Action in the district court for Hennepin county to recover $2,200 for an alleged failure to fulfil the terms of a contract for repurchase of certain stock.

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Action in the district court for Hennepin county to recover $2,200 for an alleged failure to fulfil the terms of a contract for repurchase of certain stock. Defendant appeared specially for the purpose of objecting to the jurisdiction of the court, and moved to set aside the service of the summons and to dismiss the action, upon the ground the court had no jurisdiction over the defendant, because it was a foreign corporation, the cause of action accrued without the state of Minnesota, defendant was not at the date of the service engaged in doing business in the state, and had no money or…

1Opinion of the CourtPhilip E. Brown, J.

This is an action based upon a certain alleged agreement to repur*3chase the stock of the Northwestern Orange Judd Company, a Minnesota corporation, executed by the defendant, the Orange Judd Company, a New York corporation. Service of the summons was had therein upon Herbert Myrick, of Springfield, Massachusetts, president of the defendant company, at Minneapolis, and thereafter the defendant, appearing specially for such purpose, moved upon affidavits and all the files in the case to set aside the service of the summons and to dismiss the action for lack of jurisdiction, assigning as ground…

2Cases cited3 opinions

  1. Strom v. Montana Central Railway Co.Supreme Court of Minnesota · 1900
  2. North Wisconsin Cattle Co. v. Oregon Short Line RailroadSupreme Court of Minnesota · 1908
  3. Archer-Daniels Linseed Co. v. Blue Ridge DespatchSupreme Court of Minnesota · 1911

3Cited by13 opinions

  1. Vicksburg, Shreveport & Pacific Ry. v. DeBowSupreme Court of Georgia · 1919
  2. Dahl v. ColletteSupreme Court of Minnesota · 1938
  3. Atkinson v. United States Operating Co.Supreme Court of Minnesota · 1915
  4. City Co. of New York, Inc. v. SternCourt of Appeals for the Eighth Circuit · 1940
  5. Paterson v. Shattuck Arizona Copper Co.Supreme Court of Minnesota · 1926

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