International Harvester Company of America v. Commonwealth of Kentucky
Citation | 34 S.Ct. 944,234 U.S. 579,58 L.Ed. 1479 |
Decision Date | 22 June 1914 |
Docket Number | No. 297,297 |
Parties | INTERNATIONAL HARVESTER COMPANY OF AMERICA Plff. in Err., v. COMMONWEALTH OF KENTUCKY |
Court | United States Supreme Court |
Messrs. Alexander Pope Humphrey, Edgar A. Bancroft, and Victor A. Remy for plaintiff in error.
[Argument of Counsel from pages 579-581 intentionally omitted] Messrs. Charles Carroll, Frank E. Daugherty, J. R. Mallory, J. C. Dedman, C. R. Hill, G. D. Florence, and Mr. James Garnett, Attorney General of Kentucky, for defendant in error.
[Argument of Counsel from page 581 intentionally omitted] Mr. Justice Day delivered the opinion of the court:
This case presents the question of the sufficiency of the service of process on an alleged agent of the International Harvester Company in a criminal proceeding in Breckenridge county, Kentucky, in the court of which county an indictment had been returned against the Harvester Company for alleged violation of the antitrust laws of the state of Kentucky. The Harvester Company appeared and moved to quash the return, substantially upon the ground that service had not been made upon an authorized agent of the company, and that the company was not doing business within the state of Kentucky, and it set up that any action under the attempted service would violate the due process and commerce clauses of the Federal Constitution. The only question involved, says the court of appeals, and we find none other in the record, is whether there was such service of process as would sustain the judgment. The court overruled the motion, and, the case being called for trial and the Harvester Company failing to appear or plead, judgment by default for $500 penalty was entered against it, which was affirmed by the court of appeals of Kentucky (147 Ky. 655, 145 S. W. 393).
It appeared that prior to Cotober 28, 1911, before this indictment was returned, the Harvester Company had been doing business in Kentucky, and had designated Louisville, Kentucky, as its principal place of business, in compliance with the statutes of Kentucky in that respect. It further appeared that the company had revoked the agency of one who had been appointed under the Kentucky statute, and had not appointed anyone else upon whom process might be served.
It is conceded in the brief of the learned counsel for the plaintiff in error that whether the person upon whom process was served was one designated by the law of Kentucky as an agent to receive summons on behalf of the Harvester Company was a question within the province of the court of appeals of Kentucky to finally determine, and no review of that decision is asked here. We come, then, to the first question in this case, which is, Whether, under the circumstances shown in this case, the Harvester Company was carrying on business in the state of Kentucky in such manner as to justify the courts of that state in taking jurisdiction of complaints against it.
For some purposes a corporation is deemed to be a resident of the state of its creation; but when a corporation of one state goes into another, in order to be regarded as within the latter it must be there by its agents authorized to transact its business in that state. The mere presence of an agent upon personal affairs does not carry the corporation into the foreign state. It has been frequently held by this court, and it can no longer be doubted, that it is essential to the rendition of a personal judgment that the corporation be 'doing business' within the state. St. Louis Southwestern R. Co. v. Alexander, 227 U. S. 218, 226, 57 L. ed. 486, 488, 33 Sup. Ct. Rep. 245, and cases there cited. As was said in that case, each case must depend upon its own facts, and their consideration must show that this essential requirement of jurisdiction has been complied with, and that the corporation is actually doing business within the state.
In the case now under consideration the court of ap- peals of Kentucky found, with warrant for the conclusion, that the Harvester Company's method of conducting business might be shown to the best advantage from the general instruction of the company to its agents, of date November 7, 1911, as follows:
Taking this as the method of carrying on the affairs of the Harvester Company in Kentucky, does it show a doing of business within that state to the extent which will authorize the service of...
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