Council Bluffs Canning Co. v. Omaha Tinware Manufacturing Co.
Nebraska Supreme Court
Error from the district court of Washington county. Tried below before Duffie, J. A foreign corporation having no office, no business, no agents, no officers, and no property in this state cannot be sued here upon a transaction arising out of a contract entered into without the state, and a judgment in personam cannot be obtained against it in Nebraska by serving a summons on its secretary while temporarily in this state on private business. {M’Queen v. 'Middleton Mfg.
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Error from the district court of Washington county. Tried below before Duffie, J. A foreign corporation having no office, no business, no agents, no officers, and no property in this state cannot be sued here upon a transaction arising out of a contract entered into without the state, and a judgment in personam cannot be obtained against it in Nebraska by serving a summons on its secretary while temporarily in this state on private business. {M’Queen v. 'Middleton Mfg. Go., 16 Johns. [N. Y.], 7; Pechham v. North Parish, 16 Pick. [Mass.], 286; IÁbbey v. Hodgdon, 9 N. H., 394; Moulin v. Trenton…
1Opinion of the CourtHarrison, J.
The defendant in error commenced an action against the plaintiff in error in the district court of Washington county to recover the amount alleged in its petition to be due on account of money advanced, services performed, and goods sold and delivered to plaintiff in error. It was stated in the petition that the defendant (plaintiff in *539error) is a corporation organized and existing under the laws of the state of Iowa; “that the contract, agreement, and undertaking between plaintiff and defendant, under which said indebtedness from the defendant to this plaintiff was contracted, was made in…
2Cases cited1 opinion
- Klopp, Bartlett & Co. v. Creston City Guarantee Water-works Co.Nebraska Supreme Court · 1892
3Cited by6 opinions
- Macario v. Alaska Gastineau Mining Co.Washington Supreme Court · 1917
- Hills v. BurnettNebraska Supreme Court · 1961
- Pitzer v. Stifel, Nicolaus & Co.Nebraska Supreme Court · 1943
- Juckett v. BrennamanNebraska Supreme Court · 1916
- Brown v. Texas & P. Ry. Co.District Court, W.D. Louisiana · 1927
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