Doe v. Springfield Boiler & Mfg. Co.
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the Northern District of California. Appellants are the owners of the steamer Weeott. Appellee is a corporation organized under the laws of Illinois, and engaged in business at Springfield, In that state. W. H. M. Smallman is a commission broker having an office in San Francisco, Cal.
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Appeal from the Circuit Court of the United States for the Northern District of California. Appellants are the owners of the steamer Weeott. Appellee is a corporation organized under the laws of Illinois, and engaged in business at Springfield, In that state. W. H. M. Smallman is a commission broker having an office in San Francisco, Cal. The libel in this case was filed by appellants June 5, 1899, to recover damages for alleged defects in certain machinery and boilers purchased by appellants from the appellee under a contract made May .13, 1898. Service of monition was returned as having…
1Opinion of the CourtHawley, District Judge
Was Smallman a business agent of the appellee, upon whom service could be made that would be binding upon it? Service of monition in admiralty may be made under the provisions of a state statute regulating the mode of service in actions at law and in equity. In re Louisville Underwriters, 134 U. S. 488, 493, 10 Sup. Ct. 587, 33 L. Ed. 991. Section 411 of the Code of Civil Procedure of 'California provides that ‘The summons must be served by delivering a copy thereof, as follows: * (2) If the suit is against a foreign corporation, or a nonresident joint stock company or association,…
2Cases cited20 opinions
- St. Clair v. CoxSupreme Court of the United States · 1882
- Goldey v. Morning NewsSupreme Court of the United States · 1895
- Connecticut Mutual Life Insurance v. SpratleySupreme Court of the United States · 1899
- Cooper Manufacturing Co. v. FergusonSupreme Court of the United States · 1885
- Barrow Steamship Co. v. KaneSupreme Court of the United States · 1898
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3Cited by29 opinions
- Davenport v. Superior Court of Imperial CountyCalifornia Supreme Court · 1920
- Goetz v. Interlake S. S. Co.District Court, S.D. New York · 1931
- Jameson v. Simonds Saw Co.California Court of Appeal · 1906
- Wold v. J. B. Colt Co.Supreme Court of Minnesota · 1907
- Louden Machinery Co. v. American Malleable Iron Co.U.S. Circuit Court for the Southern District of Iowa · 1904
24 more not listed; retrieve them via the Exa API.