Beach v. Fairbanks
Supreme Court of Connecticut
Action for fraud in the sale of a quantity of oats; brought to the Court of Common Pleas of Hartford County. The plaintiff and defendants were residents of the state of Illinois, the latter constituting the firm of W. D. Fairbanks & Co. The writ contained a factorizing process, and the officer was directed to make service on Smith, Northam & Co. of Hartford, as debtors of the defendants.
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Action for fraud in the sale of a quantity of oats; brought to the Court of Common Pleas of Hartford County. The plaintiff and defendants were residents of the state of Illinois, the latter constituting the firm of W. D. Fairbanks & Co. The writ contained a factorizing process, and the officer was directed to make service on Smith, Northam & Co. of Hartford, as debtors of the defendants. The defendants filed a plea to the jurisdiction of the court, alleging that at the commencement of the action the defendants were residents of the state of Illinois; that prior to its commencement said Beach…
1Opinion of the CourtLoomis, J.
In this case Beach, the plaintiff, has brought *172an action at law against W. D. Fairbanks & Co., the defendants, and has factorized Smith, Northam & Co., of the city of Hartford, as' debtors of the defendants. Both the plaintiff and defendants reside in the state of Illinois, and no other service was made upon the defendants than by leaving a copy of the writ with Smith, Northam & Co. as their agents.
Upon these facts no question could’ arise as to the legal effect of the proceedings, but for the further fact, which is found, that the claim of Beach upon Fairbanks & Co., which is the subject of…
2Cases cited2 opinions
- Oren Lyman & Co. v. WoodSupreme Court of Vermont · 1869
- Sharps' Rifle Manufacturing Co. v. RowanSupreme Court of Connecticut · 1867
3Cited by9 opinions
- Fuller v. Metropolitan Life InsuranceSupreme Court of Connecticut · 1896
- Wright v. WrightSupreme Court of Connecticut · 1919
- Smith v. Waterbury & Milldale Tramway Co.Supreme Court of Connecticut · 1923
- Slade v. ZeitfussSupreme Court of Connecticut · 1904
- Martinó Vda. de Núñez v. Santisteban Chavarri & Co.Supreme Court of Puerto Rico · 1938
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