Chipman v. Thomas Jeffrey Co

Decision Date19 January 1920
Docket NumberNo. 516,516
PartiesCHIPMAN, Limited, v. THOMAS B. JEFFREY CO
CourtU.S. Supreme Court

Mr. Daniel P. Hays, of New York City, for plaintiff in error.

[Argument of Counsel from pages 374-376 intentionally omitted] Messrs. Philip B. Adams, of New York City, and Thomas B. Kearney, for defendant in error.

Mr. Justice McKENNA delivered the opinion of the Court.

Plaintiff in error was plaintiff in the courts below, defendant in error was defendant, and we shall refer to them respectively as plaintiff and defendant.

The action was brought in the Supreme Court of the state of New York, and removed upon motion of the defendant to the District Court of the United States for the Southern District of New York. In the latter court defendant made a motion for an order vacating and setting aside the service of summons, and dismissing the complaint, for lack of jurisdiction of the person of the defendant. The motion was granted, and the case is here on the jurisdictional question only.

A brief summary of the grounds of action and the proceedings upon the motion to dismiss is all that is necessary. Plaintiff is a New York corporation; defendant, one under the laws of Wisconsin, and a manufacturer and seller of motor cars, known as the 'Jeffrey' and 'Rambler,' and parts thereof, and motor trucks and parts thereof. By contracts, in writing, made in Wisconsin by the plaintiff and defendant, it was agreed that the former should have the sole right to sell the motor cars and parts thereof (first cause of action) and the motor trucks and parts thereof (second cause of action) of defendant in Europe and certain other foreign places, and to receive certain designated percentages. The contracts as to motor cars and their parts, and the trucks and their parts, provided that they (cars, trucks, and parts) should be sold and delivered to plaintiff (called in the contracts the 'distributor') at Kenosha, Wis., for sale at the designated places by plaintiff; defendant reserving the right to fill the orders of plaintiff (distributor) for the cars, trucks, and parts from any of its defendant's depots in New York City. Cars and trucks purchased under the contracts to be paid for at Kenosha. Both contracts continued in effect to July 31, 1915.

There are allegations of performance of the contracts by plaintiff, their nonperformance by defendant, whereby plaintiff on one cause of action was entitled, it is alleged, to $280,000, and upon the other $600,000. Judgment is prayed for their sum, to wit, $880,000.

The District Court has certified three questions, but, as the first includes the other two, we give it only as it sufficiently presents the question at issue:

'Whether in the service of summons, as shown by the record herein, upon Philip B. Adams, this court acquired jurisdiction of the person of the defendant.'

Plaintiff contends for an affirmative answer, and adduces the New York statute, which requires of corporations not organized under the laws of New York, as a condition of doing business in the state, to file in the office of the secretary of state a stipulation designating 'a place within the state which is to be its principal place of business, and designating a person upon whom process against the corporation may be served within the state,' and the person designated must consent, and the designation 'shall continue in force until revoked by an instrument in writing' designating some other person.

Defendant complied with the requirements of the statute July 6, 1914, designating 21 Park Row, New York, as its place of business, and Philip B. Adams as its agent upon whom process might be served. The designation and appointment have not been revoked.

It is not denied, however, that defendant had removed from the state before service on Adams, and, as we have stated, the contracts sued on made the place of their performance Kenosha, Wis. But, in emphasis of the requirement of the statute, it is urged that, at all of the times of the duration of the contracts sued on and their breaches, defendant was doing business in the state, and at any time had the right to transact business in the state. It is further urged that the contracts contemplated they might be performed within the state. There is no allegation of such performance, nor that the present causes of action arose out of acts or transactions within the state. The other circumstances of emphasis may be disregarded, as the validity of the service depends upon the statute, assuming it to be controlling; that is,...

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58 cases
  • Milling Co v. Bondurant
    • United States
    • United States Supreme Court
    • October 10, 1921
    ...Co. v. American Tobacco Co., 246 U. S. 79, 38 Sup. Ct. 233, 62 L. Ed. 587, Ann. Cas. 1918C, 537, and Chipman, Limited, v. Jeffrey Co., 251 U. S. 373, 40 Sup. Ct. 172, 64 L. Ed. 314; as illustrating the issues involved. 6 Union Pac. R. Co. v. Public Service Commission, 248 U. S. 67, 39 Sup. ......
  • Ford Motor Co. v. Hall Auto Co., 6 Div. 227
    • United States
    • Supreme Court of Alabama
    • March 30, 1933
    ...... Birmingham, for appellees. . . THOMAS,. Justice. . . It was. agreed that one record on appeal would cover the entire. ...v. Colley, 247 U.S. 21, 38. S.Ct. 430, 63 L.Ed. 963, 11 A. L. R. 611; Chipman v. Thomas B. Jeffery Co., 251 U.S. 373, 40 S.Ct. 172, 64. L.Ed. 314. . . In. Dozier ......
  • Dyar v. Ga. Power Co
    • United States
    • United States State Supreme Court of South Carolina
    • October 4, 1934
    ...85 Am. St Rep. 890; McSwain v. Grain Provision Co., 93 S. C. 103, 70 S. E. 117, Ann. Cas. 1914D, 981; Chipman v. Jeffery, 251U. S. 373, 40 S. Ct. 172, 04 L. Ed. 314, and cases cited therein; 14A Corpus Juris 1372, and cases cited; Thurman v. C, M. & St Paul Ry. Co., 254 Mass. 569, 151 N. E.......
  • State v. W. T. Rawleigh Co, 13805.
    • United States
    • United States State Supreme Court of South Carolina
    • March 13, 1934
    ...A. 146, 85 Am. St. Rep. 890; McSwain v. Grain Provision Co., 93 S. C. 103, 76 S. E. 117, Ann. Cas. 1914D, 981; Chipman v. Jeffrey, 251 U. S. 373, 40 S. Ct. 172, 64 L. Ed. 314, and cases cited therein; 14A Corpus Juris 1372, and cases cited; Thurman v. C, M. & St. Paul Ry. Co., 254 Mass. 569......
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1 books & journal articles
  • Registration, Fairness, and General Jurisdiction
    • United States
    • University of Nebraska - Lincoln Nebraska Law Review No. 95, 2021
    • Invalid date
    ...in a theory of "doing business" jurisdiction, rather than consent jurisdiction. Moreover, in Chipman, Ltd. v. Thomas B. Jeffrey Co.,251 U.S. 373 (1920), the Court distinguished the facts before it from prior cases because the foreign corporation at issue was no longer doing business in New ......

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