Barnett v. Chicago & Lake Huron Railroad
New York Supreme Court
APPEAL by defendant from an order at special term denying a motion to set aside the service of the summons herein. The action was brought by George W. Barnett against the Chicago and Lake Huron Railroad Company, a foreign corporation created under the laws of Michigan, Indiana and Illinois.
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APPEAL by defendant from an order at special term denying a motion to set aside the service of the summons herein. The action was brought by George W. Barnett against the Chicago and Lake Huron Railroad Company, a foreign corporation created under the laws of Michigan, Indiana and Illinois. It was commenced by the issue of a summons and the service of the same upon the president of the defendant, in the city of New York, by delivering to and leaving with him a copy of said summons. Defendant moved to set aside the service on the ground that the court had no jurisdiction over the defendant,…
1Opinion of the CourtGilbert, J.
At common law jurisdiction over a foreign corporation could not be acquired by the service of process upon an officer thereof, outside of the State which gave it existence. In M'Queen v. Middletown Manufacturing Co., 16 Johns. 5, the rule of the common law is thus stated by Spercer, J.: “ The process against a corporation must be served on its head or principal officer, within the jurisdiction of the sovereignty where this artificial body exists. If the president of a bank of another State were to come within this State he would not represent the corporation here; his functions and his…
2Cases cited4 opinions
- M'Queen v. Middle-town Manufacturing Co.New York Supreme Court · 1819
- Cumberland Coal & Iron Co. v. Hoffman Steam Coal Co.New York Supreme Court · 1859
- Nash v. Rector, Churchwardens & Vestrymen of the Evangelical Lutheran Church, Pennsylvania Court of Common Pleas, Philadelphia County1835
- Clarke v. New Jersey Steam Nav. Co.U.S. Circuit Court for the District of Rhode Island · 1841