Matrozos v. Gulf Oil Corporation
| Decision Date | 24 May 1943 |
| Parties | MATROZOS v. GULF OIL CORPORATION et al. |
| Court | U.S. District Court — Southern District of New York |
Arkin, Lebovici & Kottler, of New York City, for libelant.
Carpenter & Stevenson, of New York City, for respondent.
This is a motion by the respondent Mene Grande Oil Company, C. A., a Venezuelan corporation, sued as Mene Grande Oil Company, for an order vacating the service of the citation herein on the ground of lack of jurisdiction over the person of that respondent.
The action is brought by Constantinos Matrozos, a seaman, for damages against the two respondents, the Gulf Oil Corporation and the movant. The libelant was formerly an employee of the Mene Grande Oil Company, working as an engineer on its Venezuelan documented vessels after being hired by the Gulf Oil Corporation. The libelant's causes of action arise out of the employment.
As appears from the Deputy Marshal's return, the citation was attempted to be served at 17 Battery Place, New York City, upon both respondents on April 9, 1943, by
Greene's affidavit shows his name to be Gerald F. Greene and his position to be "assistant to the Manager of the Gulf Oil Corporation Marine Department". His duties involve attention to those claims against Gulf Oil Corporation in which its Marine Department is concerned. He states that he is not and has not been an employee of the moving respondent and that he advised the Deputy Marshal that he would not accept service for that respondent and that he had no authority to accept such service except for his employer.
It is agreed that the Mene Grande Oil Company, C. A., is a wholly owned subsidiary of the Gulf Oil Corporation, having no offices, place of business, telephone listing or the like in this state, and having separate officers and directors from the parent corporation. It is also not denied that the libelant was employed by the Gulf Oil Corporation for the subsidiary and that Gulf acted as the latter's employment agent for that purpose; that on occasions and upon request Gulf would perform other duties in this jurisdiction as agent for the Mene Grande Oil Company, C. A.
It is the contention of the movant that the Gulf Oil Corporation was not its general agent but had authority to act only in limited matters upon specific request, and that it had no authority to...
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...77 L.Ed. 1047; People's Tobacco Co. v. American Tobacco Co., 1918, 246 U.S. 79, 38 S.Ct. 233, 62 L.Ed. 587; and Matrozos v. Gulf Oil Corporation, D.C.1943, 54 F. Supp. 714. However, it is possible for a foreign corporation to do business in another state and that is particularly true in Mic......
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...relationship alone is not sufficient to make valid service of process on a subsidiary by serving the parent. Matrozos v. Gulf Oil Corp., D.C.S.D.N.Y.1943, 54 F.Supp. 714. Every corporation has the status of a separate legal person, and it is basic law that service upon person A does not con......
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