PROCESS-OBTAINING PERSONAL JURISDICTION OVER FOREIGN CORPORATION BY SERVICE OF PROCESS ON LOCAL SALES AGENT

Authors

F. William Hutchinson S.Ed., University of Michigan Law SchoolFollow

Abstract

Defendant, a Texas manufacturing corporation, employed a corporate agent to solicit orders in New York. The agent maintained a showroom, used defendant's name on its office door and stationery, and paid all the expenses of the New York business out of sales commissions. All orders were subject, to acceptance by the defendant and were filled from Texas. In an action for trade-mark infringement brought in the New York state court and removed to the federal district court, service of summons and complaint was made upon the manager of the New York agency. The district court quashed the service and dismissed the complaint for want of jurisdiction, holding that mere solicitation of orders plus defendant's other local activities did not subject defendant to personal service. On appeal, held, reversed. Service was properly made under New York law, and there is no such burden on defendant as to make the service invalid under the federal Constitution. Bomze v. Nardis Sportswear, Inc., (C.C.A. 2d, 1948) 165 F. (2d) 33.

Recommended Citation

F. W. Hutchinson S.Ed., PROCESS-OBTAINING PERSONAL JURISDICTION OVER FOREIGN CORPORATION BY SERVICE OF PROCESS ON LOCAL SALES AGENT, 46 Mich. L. Rev. 1130 (1948).
Available at: https://repository.law.umich.edu/mlr/vol46/iss8/22