Harrell v. Peters Cartridge Co.
Supreme Court of Oklahoma
Error from District Court, Oklahoma County; George W. Clark, Judge. Action by Lafayette Harrell, by his next friend, Alice L. Nicum, against the Peters Cartridge Company. From an order setting aside a judgment for. plaintiff, he brings error. This is an action for damages alleged to have been sus tained through the negligence of defendant at a shooting exhibition at which defendant was demonstrating the merits of its cartridges.
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Error from District Court, Oklahoma County; George W. Clark, Judge. Action by Lafayette Harrell, by his next friend, Alice L. Nicum, against the Peters Cartridge Company. From an order setting aside a judgment for. plaintiff, he brings error. This is an action for damages alleged to have been sus tained through the negligence of defendant at a shooting exhibition at which defendant was demonstrating the merits of its cartridges. One Murrelle, an expert marksman in the employ of defendant company, was giving an exhibition of the merits of defendant’s cartridges by pitching up plates of steel,…
1Opinion of the Court
Opinion by
HARRISON, C.
(after stating the facts as above). The decisive question involved is whether the service had upon the Secretary of State was valid and binding against defendant. This question depends wholly upon the fact whether or not .this defendant was “doing business” within the state within the meaning of the term.
Plaintiff in error contends that the Peters Cartridge Company, although a foreign corporation, was doing business within the state of Oklahoma through the Oklahoma City Hardware Company as its authorized agent, and that having an agent within the state transacting…
2Cases cited28 opinions
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