Legal Opinion

Garden Spot Air Park, Inc. v. Denson Insurance Agency, Inc.

Supreme Court of Delaware

Decided November 2, 1962No. 34PublishedCited by 3 opinions

1Opinion of the Court

Southerland, C. J.:

Plaintiff Garden Spot brought an action for damages against defendant, Denson, based on an alleged wrongful cancellation of an insurance policy in which plaintiff claims an interest. Both parties are Pennsylvania corporations. Denson has not qualified to do business in Delaware, and service was made upon the Secretary of State under 8 Del. C. § 353. The section provides in part:

“Any foreign corporation which shall transact business in this State without having qualified to do business under section 341 of this title shall be deemed to have thereby appointed and constituted…

2Cases cited3 opinions

  1. International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
  2. Klein v. Sunbeam Corp.Supreme Court of Delaware · 1952
  3. Klein v. Sunbeam Corp.Superior Court of Delaware · 1952

3Cited by3 opinions

  1. Crowell Corporation v. Topkis Construction Co.Superior Court of Delaware · 1970
  2. Nacci v. Volkswagen of America, Inc.Superior Court of Delaware · 1972
  3. State v. TothSuperior Court of Delaware · 2000

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