Walton N. Moore Dry Goods Co. v. Commercial Industrial Co.
District Court, N.D. California
At Law. Action by the Walton N. Moore Dry Goods Company, Inc., against the Commercial Industrial Company, Limited. On motion to quash service of summons and dismiss. Motion to quash service of summons and dismiss the action for want of competent service upon defendant, a foreign corporation.
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At Law. Action by the Walton N. Moore Dry Goods Company, Inc., against the Commercial Industrial Company, Limited. On motion to quash service of summons and dismiss. Motion to quash service of summons and dismiss the action for want of competent service upon defendant, a foreign corporation. The plaintiff is a New York corporation having a place of business in San Francisco, where it carries on a wholesale dry goods business, and the defendant is a foreign corporation organized under the laws of Russia and doing business at Vladivostok and other points in the state or province of Siberia. The…
1Opinion of the CourtVan Fleet, District Judge
(aftef stating the facts as above). [1] A. foreign corporation can be sued in a jurisdiction other than the state of its creation only when it is at the time doing business therein and maintains there a business or managing agent subject to service of process. Section 411 of the Code of Civil Procedure of the state, prescribing the manner of serving process of summons upon a defendant, provides for the delivering of a copy thereof as follows:
*593“If the suit is against a foreign corporation, or a nonresident joint-stock company or association, doing business and having a managing or business…
2Cases cited16 opinions
- People's Tobacco Co. v. American Tobacco Co.Supreme Court of the United States · 1918
- Philadelphia & Reading Railway Co. v. McKibbinSupreme Court of the United States · 1917
- Goldey v. Morning NewsSupreme Court of the United States · 1895
- St. Louis Southwestern Railway Co. of Texas v. AlexanderSupreme Court of the United States · 1913
- Connecticut Mutual Life Insurance v. SpratleySupreme Court of the United States · 1899
11 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Milbank v. Standard Motor Construction Co.California Court of Appeal · 1933
- State ex rel. Canadian Greyhound Lines, Ltd. v. Superior CourtWashington Supreme Court · 1946
- The Thew Shovel Co. v. Superior CourtCalifornia Court of Appeal · 1939
- State Ex Rel. Taylor Laundry Co. v. District CourtMontana Supreme Court · 1936
- State Ex Rel. American Laundry MacHinery Co. v. District CourtMontana Supreme Court · 1934
3 more not listed; retrieve them via the Exa API.