Dodge Mfg. Co. v. Patten, 4702.
Decision Date | 06 October 1932 |
Docket Number | No. 4702.,4702. |
Citation | 60 F.2d 676 |
Parties | DODGE MFG. CO. et al. v. PATTEN. |
Court | U.S. Court of Appeals — Seventh Circuit |
COPYRIGHT MATERIAL OMITTED
COPYRIGHT MATERIAL OMITTED
A. Trevor Jones, of Chicago, Ill. (Hopkins, Sutter, Halls & De Wolfe, of Chicago, Ill., of counsel), for appellants.
Wm. J. Peck, of Peoria, Ill., for appellee.
Before ALSCHULER, EVANS, and SPARKS, Circuit Judges.
SPARKS, Circuit Judge (after stating the facts as above).
We are first confronted with the contention on the part of Dodge Manufacturing Corporation that venue was not laid for the jurisdiction of the court over that corporation, because neither it nor appellee is or was a resident of the judicial district of the trial court, as required by the Judicial Code, § 51 (U. S. C., tit. 28, § 112 28 USCA § 112), which, in so far as it relates to the instant case, is as follows: "* * * Where the jurisdiction is founded only on the fact that the action is between citizens of different States, suit shall be brought only in the district of the residence of either the plaintiff or the defendant."
In United States v. Southern Pacific Railroad Company, 49 F. 297, 302, it was held by Mr. Justice Harlan, speaking for the Circuit Court in the Northern District of California, that a corporation, for the purposes of jurisdiction in personam, may have additional habitations in states other than the one in which it was incorporated. In referring to the cases which hold that for the purposes of jurisdiction in the courts of the United States a corporation is to be deemed a citizen of the state creating it, Justice Harlan said:
He then refers to certain sections of the Code of Civil Procedure of California relating to corporations of other states transacting business in that state, and says:
We are impressed with the reasoning of that opinion, and are convinced that it is not inconsistent with the later rulings of the Supreme Court. We regard it as especially applicable to the instant case because the facts in this case relative to residence in Indiana are quite as strong as in the California case, and the pertinent statutes of Indiana relative to corporations of other states transacting business in Indiana are substantially the same as those of California. See Burns' Indiana Statutes 1926, §§ 4913, 4918, 4923. We think the court had jurisdiction of appellant Dodge Manufacturing Corporation.
The remaining question to be considered arises over the construction of the contract referred to as Exhibit A. It is upon that contract alone that the suit is based. The contract referred to as Exhibit B was entered into about five months later, and...
To continue reading
Request your trial-
Neirbo Co v. Bethlehem Shipbuilding Corporation
...F.2d 596. 17 Shainwald v. Davids, D.C.N.D.Cal.,1895, 69 F. 704; Patten v. Dodge Mfg. Co., D.C.D.Ind.,1928, 23 F.2d 852, affirmed, 7 Cir., 1932, 60 F.2d 676; Oklahoma Packing Co. v. Oklahoma Gas & Elec. Co., 10 Cir.,1938, 100 F.2d 770. 18 Originally enacted as c. 687, Laws of 1892, pp. 1805,......
-
Toulmin v. James Mfg. Co., 2235.
...the contrary are United States v. Southern Pacific R. Co., C.C., 49 F. 297; Patten v. Dodge Mfg. Co., D.C., 23 F.2d 852; Dodge Mfg. Co. v. Patten, 7 Cir., 60 F.2d 676; Riddle v. New York, L. E. & W. R. Co., C.C., 39 F. 290, and Consolidated Store-Service v. Lamson Consolidated Store-Service......
-
Ward v. Studebaker Sales Corporation
...contra, Shainwald v. Davids, D.C.,N.D. Cal., 69 F. 704; Patten v. Dodge Mfg. Corp., D.C.Ind., 23 F.2d 852, reversed on other grounds, 7 Cir., 60 F.2d 676; Oklahoma Packing Co. v. Oklahoma Gas & Electric Co., 10 Cir., 100 F.2d 2 Venue of Actions Against Foreign Corporations in the Federal Co......
-
Limbershaft Sales Corporation v. AG Spalding & Bros.
...devices in the mistaken belief that the patent included them. Baker Oil Tools v. Burch, 10 Cir., 71 F.2d 31, 35; Dodge Mfg. Co. v. Patten, 7 Cir., 60 F.2d 676, 681; Galion Iron Works & Mfg. Co., v. J. D. Adams Mfg. Co., 7 Cir., 105 F.2d 943, 947. In the case at bar there are no "equities" t......