Legal Opinion

M. Lowenstein & Sons, Inc. v. Austin

District Court, S.D. New York

Decided January 20, 1977No. 73 Civ. 5268PublishedCited by 21 opinions

1Opinion of the Court

OPINION

KEVIN THOMAS DUFFY, District Judge.

This is a suit on a personal guarantee. Plaintiff, M. Lowenstein & Sons, Inc., is a New York corporation with its principal place of business in New York. Defendant is a citizen of Georgia. The amount in controversy exceeds the minimum required for diversity jurisdiction. A trial has been held and this opinion constitutes findings of fact and conclusions of law.

I. PERSONAL JURISDICTION

Defendant has raised in his answer, but not by pretrial motion, the issue of whether there is a basis for jurisdiction over his person and whether the service of process…

2Cases cited5 opinions

  1. National Equipment Rental, Ltd. v. SzukhentSupreme Court of the United States · 1964
  2. National Equipment Rental, Ltd. v. Geo. E. Reagin D/B/A Reagin Trucking Co.Court of Appeals for the Second Circuit · 1964
  3. Fuchs & Lang Sun Chemical de Venezuela v. Schenectady Chemicals, Inc.Appellate Division of the Supreme Court of the State of New York · 1974
  4. Wiesenberger Services, Inc. v. RESPONSE ANALYSIS CORPORATIONDistrict Court, S.D. New York · 1973
  5. Lomascolo v. LomascoloCivil Court of the City of New York · 1975

3Cited by21 opinions

  1. Agnes E. NILSEN, Plaintiff-Appellant, v. the CITY OF MOSS POINT, MISSISSIPPI, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1982
  2. Grant Airmass Corp. v. Gaymar Industries, Inc.District Court, S.D. New York · 1986
  3. Steven J. Jaeger v. Palladium Holdings, LLC, Franklin Financial, LLCSupreme Court of Minnesota · 2016
  4. Glover v. FarmerCourt of Appeals of North Carolina · 1997
  5. Plushner v. MillsSupreme Court of Rhode Island · 1981

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