Legal Opinion

Merchants Elevator Co. v. Chesapeake & Ohio Railway Co.

Supreme Court of Minnesota

Decided November 12, 1920No. 21,948PublishedCited by 6 opinions

Action in the district court for Hennepin county to recover $2,587.93 for conversion of six carloads of oats. From an order, Steele, J., denying its motion to set aside and quash the service of summons and complaint, defendant appealed.

1Opinion of the Court

Taylor, C.

Defendant appeals from an order denying its motion to set aside the service of the summons and complaint. Defendant’s motion was based on the ground that its railroad is whol-ly outside the state of Minnesota, that it has no property in the state, and that it does no business in the *189state except to maintain an agent therein who solicits shipments of freight over its railroad from residents of the state. It may be proper to note that plaintiff’s affidavit states that this agent was known as the commercial agent of the defendant, and not only solicited shipments over its road, bnt did…

2Cases cited6 opinions

  1. W. J. Armstrong Co. v. New York Central & Hudson River RailroadSupreme Court of Minnesota · 1915
  2. Rishmiller v. Denver & Rio Grande RailroadSupreme Court of Minnesota · 1916
  3. Graustein v. Rutland R.District Court, D. Massachusetts · 1919
  4. Lagergren v. Pennsylvania RailroadSupreme Court of Minnesota · 1915
  5. Davis v. Baltimore & O. R.District Court, D. Massachusetts · 1919

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3Cited by6 opinions

  1. Davis v. Farmers Co-Operative Equity Co.Supreme Court of the United States · 1923
  2. State Ex Rel. Kahn v. TazwellOregon Supreme Court · 1928
  3. Callaghan v. Union Pacific RailroadSupreme Court of Minnesota · 1921
  4. Stephan v. Union Pac. Ry. Co.District Court, D. Minnesota · 1921
  5. Farmers Co-operative Equity Co. v. PayneSupreme Court of Minnesota · 1921

1 more not listed; retrieve them via the Exa API.

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