Kolman v. National Racing Affiliates, Inc.
| Decision Date | 24 September 1965 |
| Docket Number | Gen. No. 49505 |
| Citation | 212 N.E.2d 313,64 Ill.App.2d 61 |
| Parties | Jack G. KOLMAN, Trustee, Plaintiff-Appellee, v. NATIONAL RACING AFFILIATES, INC., Defendant-Appellant. |
| Court | United States Appellate Court of Illinois |
Walter J. Lynwood, Chicago, for defendant-appellant.
Collen & Kessler, Chicago, Charles N. Brusso, Chicago, of counsel, for plaintiff-appellee.
Plaintiff, Trustee in bankruptcy for Fleetwood Motel Corporation, recovered a judgment for $895.36 against National Racing Affiliates, Inc. and N. Perry Luster in the Superior Court of New Jersey. Suit was brought in the Municipal Court of Chicago against the same two defendants on two counts: Count I based on the New Jersey judgment, and Count II based on the claim which was the subject of the New Jersey litigation. On Count II the trial court entered judgment in favor of both defendants. On Count I the court rendered judgment in favor of defendant Luster but against defendant National Racing Affiliates, Inc. The only appeal is that taken by the corporation from the judgment against it under Count I for $844.68 and costs. *
Defendant's theory of the case is that the New Jersey court did not obtain personal jurisdiction over defendant and its judgment is therefore void. No summons was ever served personally on any officer or other agent of defendant, the New Jersey court having based its judgment upon service accomplished by the mailing of summons and complaint to the home office of defendant in Chicago, pursuant to the provisions of its own rules of court. The pertinent rule reads:
4:4-4. Summons: Personal Service
The summons and a copy of the complaint shall be served together. * * * Service shall be made as follows:
* * *
* * *
(d) Upon a domestic or foreign corporation, by serving, in the manner prescribed in paragraph (a), an officer, director, trustee or a managing or general agent; or if service cannot be made upon any of the foregoing and if there is no office or place of business within this State, by serving any servant of the corporation within this State acting in discharge of his duties; or by delivering a copy of the summons and complaint to any person authorized by appointment or by law to receive service of process on behalf of the corporation; or by leaving a copy of the same at the registered office of the corporation with any person in charge thereof; or if service cannot be made upon any of the foregoing and the corporation is a foreign corporation, then, subject to due process of law, by mailing registered mail return receipt requested, a copy of the summons and complaint to a registered agent for service, or to its principal place of business, or to its registered office. (Italics supplied.)
Under well-established rules for according full faith and credit to the judgments of sister states, the forum court may not rehear the case on its merits as it is res judicata as to the nature and amount of the plaintiff's claim and all defenses raised or which could have been presented. Morris v. Jones, 329 U.S. 545, 67 S.Ct. 451, 91 L.Ed. 488. A foreign judgment has no constitutional claim to full faith and credit, however, where the error complained of to the forum court is one which would (1) render the judgment void according to the law of the foreign state, or (2) deprive the foreign court of jurisdiction over the contesting party according to general constitutional principles of due process.
In support of the first point, it is logically the law that we are not required to give effect to a foreign judgment when it would have none in the state in which it was rendered. People of State of New York ex rel. Halvey v. Halvey, 330 U.S. 610, 614, 67 S.Ct. 903, 91 L.Ed. 1133. It appears, however, that defendant's contention that the New Jersey judgment is void under New Jersey law is without merit. The Supreme Court of that state has interpreted the Rules of the Superior Court to allow for service of process upon a foreign corporation according to the conditions set out in section 4:4-4(d) and found them adequate...
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