Bissonnette v. Alpine, Inc.

Decision Date02 January 1951
Citation96 N.H. 419,77 A.2d 586
PartiesBISSONNETTE v. ALPINE, Inc. (two cases).
CourtNew Hampshire Supreme Court

Philip J. Biron, Manchester, by brief, for the plaintiffs.

Chester C. Eaton and James A. Manning, Manchester, for the defendant.

LAMPRON, Justice.

The issue to be determined is whether there was proper service on the defendant of the writs in these actions. R.L. c. 387, § 13 provides that 'service of writs against * * * corporations may be made upon the clerk, treasurer, cashier, or one of the directors, trustees or managers, if any in the state * * *.' The sheriff's return here recites that these writs were served on A. Metivier, President. This return does not show a compliance with the requirements of the above statute and unless it can be supplemented or modified the service would be defective. Where a statute points out a particular method of serving process on corporations such method must be followed and the sheriff's return should show the doing of everything necessary to constitute a compliance with is requirements. Fitzsimmons v. International Ass'n of Machinists, 125 Conn. 490, 7 A.2d 448; 19 C.J.S., Corporations, § 1309, p. 993; 42 Am.Jr. 93; 9 Fletcher Cyc. Corp. (Per. Ed.) 208, 265; See Dinnin v. Hutchins, 75 N.H. 470, 76 A. 126.

'It is not the return, however, but the service of the writ, that gives jurisdiction. The return is merely evidence by which the court is informed that the defendant has been served.' Bourgeious v. Santa Fe Trail Stages, 43 N.Mex. 453, 95 P.2d 204, 206; Burleigh v. Wong Soon Leun, 83 N.H. 115, 139 A. 184. The essential factor therefore is that service be in fact made in compliance with the requirements of the statute.

At the time of the service of these writs on him, A. Metivier was actually a director of the defendant corporation, an officer on whom service could properly be made under the provisions of R.L. c. 387, § 13. Service was in fact made on him. The sheriff's return of service on A. Metivier supplemented by the Court's finding that A. Metivier was at that time a director of the defendant corporation shows a proper service of these writs on the defendant. Lucky Boy Min. & Mill Co. v. Moore, 23 Ariz. 291, 203 P. 556; Lamb-McAshan Co. v. Ellis, Tex.Com.App., 270 S.W. 547; Ellis v. Lamb-McAshan Co., Tex.Civ.App., 278 S.W. 858. See Mathes v. Dover Nat. Bank, 62 N.H. 491.

The sheriff's return may be amended in the superior court to accord with the facts. Goodwin v. Goldberg, 85...

To continue reading

Request your trial
6 cases
  • Impact Food Sales, Inc. v. Evans
    • United States
    • New Hampshire Supreme Court
    • 16 Junio 2010
    ..."Where a statute points out a particular method of serving process ... such method must be followed...." Bissonnette v. Alpine, Inc., 96 N.H. 419, 420, 77 A.2d 586 (1951). Pursuant to RSA 510:4, II, in order to effect valid service of process over a nonresident defendant, several steps must......
  • South Down Recreation Ass'n v. Moran
    • United States
    • New Hampshire Supreme Court
    • 10 Diciembre 1996
    ..."Where a statute points out a particular method of serving process ... such method must be followed...." Bissonnette v. Alpine, Inc., 96 N.H. 419, 420, 77 A.2d 586, 587 (1951). When we interpret statutes, we look to the plain meaning of the words used. Appeal of Astro Spectacular, 138 N.H. ......
  • Adams v. Sullivan
    • United States
    • New Hampshire Supreme Court
    • 30 Enero 1970
    ...over fact, is inconsistent with modern procedure and practice. Pike v. Scribner, 101 N.H. 314, 315, 142 A.2d 154; Bissonnette v. Alpine, Inc., 96 N.H. 419, 420, 77 A.2d 586; Clough v. Moore, 63 N.H. 111, 113, See Restatement, (Second) Conflict of Laws, s. 25, comment e (P.O.D. 1967). The sh......
  • Pike v. Scribner
    • United States
    • New Hampshire Supreme Court
    • 20 Junio 1958
    ...relates to the service of the writ in fact and not the sheriff's return of service. This was demonstrated in Bissonnette v. Alpine, Inc., 96 N.H. 419, 420, 77 A.2d 586, 587: 'It is not the return, however, but the service of the writ, that gives jurisdiction. The return is merely evidence b......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT