National Bank of Commerce v. Huntington
Massachusetts Supreme Judicial Court
Trustee process. Writ dated March 25, 1878. The Little Rock and Fort Smith Railway, summoned as trustee by an attested copy of the writ being served upon its treasurer, appeared specially, and filed an answer in abatement, alleging that it was a corporation created by the laws of the State of Arkansas for the purpose of owning and maintaining a railroad entirely within the limits of that State, and had no legal existence or domicil out of that State; that, in accordance with…
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Trustee process. Writ dated March 25, 1878. The Little Rock and Fort Smith Railway, summoned as trustee by an attested copy of the writ being served upon its treasurer, appeared specially, and filed an answer in abatement, alleging that it was a corporation created by the laws of the State of Arkansas for the purpose of owning and maintaining a railroad entirely within the limits of that State, and had no legal existence or domicil out of that State; that, in accordance with the laws of that State, a majority of its directors were residents and citizens of that State, and the offices of its…
1Opinion of the CourtEndicott, J.
The principal question to be determined in this case is whether the Little Rock and Fort Smith Railway, a corporation established by the laws of the State of Arkansas, has a usual place of business in this Commonwealth, and can be summoned by the plaintiff as trustee.
It was held, in an early case, that a person residing in another State could not be summoned as trustee, although service of process was made upon him in this Commonwealth. Tingley v. Bateman, 10 Mass. 343. Ray v. Underwood, 3 Pick. 302. Nye v. Liscombe, 21 Pick. 263. Hart v. Anthony, 15 Pick. 445. Corporations within the…
2Cases cited20 opinions
- The Lafayette Ins. Co. v. FRENCHSupreme Court of the United States · 1856
- Ex Parte SchollenbergerSupreme Court of the United States · 1878
- Wallace v. McConnellSupreme Court of the United States · 1839
- Embree & Collins v. HannaNew York Supreme Court · 1809
- Tingley v. BatemanMassachusetts Supreme Judicial Court · 1813
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3Cited by21 opinions
- Plimpton v. . BigelowNew York Court of Appeals · 1883
- Mooney v. Buford & George Manuf'g Co.Court of Appeals for the Seventh Circuit · 1896
- Wilson v. Martin-Wilson Automatic Fire Alarm Co.Massachusetts Supreme Judicial Court · 1889
- Biggert v. StraubMassachusetts Supreme Judicial Court · 1906
- Ramaswamy v. Hammond Lumber Co.Oregon Supreme Court · 1915
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