Palmer v. Chicago Herald Co.
U.S. Circuit Court for the District of Southern New York
These were two actions for libel, brought by Tyndale Palmer against the Chicago Herald Company and the Chicago Evening News Company, corporations organized under the laws of Illinois. The actions were commenced in tlie supreme court of New York by service of summons, in each case, upon one Thaddeus B. Biker, as a managing agent of the respective defendants, under the provision of Code Civ. Proc.
Read the full summary
These were two actions for libel, brought by Tyndale Palmer against the Chicago Herald Company and the Chicago Evening News Company, corporations organized under the laws of Illinois. The actions were commenced in tlie supreme court of New York by service of summons, in each case, upon one Thaddeus B. Biker, as a managing agent of the respective defendants, under the provision of Code Civ. Proc. N. Y. § 432, that service may be made upon a foreign corporation, where no officer can be found, and the cause of action arose within the state, upon a managing agent. The defendant in each action…
1Opinion of the Court
LACOMBE, Circuit Judge.
The case principally relied upon— Goldey v. Morning News, 156 U. S. 518, 15 Sup. Ct. 559 — decides that service upon an officer or agent of a foreign corporation, who is only casually within the state, and not charged with any business of the corporation there, does not bind the corporation when it is not doing business within the state. Where, however, such foreign corporation carries on some substantial part of its business in the state by means of an agent or representative appointed to act there, it impliedly assents to be found there. It is sometimes not easy to…
2Cases cited3 opinions
- Goldey v. Morning NewsSupreme Court of the United States · 1895
- United States v. American Bell Telephone Co.United States Circuit Court · 1886
- N. K. Fairbank & Co. v. Cincinnati, N. O. & T. P. Ry. Co.Court of Appeals for the Seventh Circuit · 1892
3Cited by4 opinions
- Denver & R. G. R. v. RodderCourt of Appeals for the Ninth Circuit · 1900
- Ord Hardware Co. v. J. I. Case Threshing Machine Co.Nebraska Supreme Court · 1906
- Brewer v. George Knapp & Co.U.S. Circuit Court for the District of Eastern New York · 1897
- Smith v. HallDistrict Court, N.D. Texas · 1948