Nichols v. Cowles Magazines, Civ. A. 51-1001.
| Decision Date | 24 June 1952 |
| Docket Number | Civ. A. 51-1001. |
| Citation | 108 F. Supp. 883 |
| Parties | NICHOLS v. COWLES MAGAZINES, Inc. |
| Court | U.S. District Court — District of Massachusetts |
Nathan Moger, Boston, Mass., for plaintiff.
J. N. Welch, Boston, Mass., for defendant.
The defendant moved on April 11, 1952 for a rehearing on its motion to dismiss, which was previously denied (103 F.Supp. 864), and for leave to file further clarifying affidavits in support of its motion. Rehearing and leave were granted. This court in its memorandum of April 2, on defendant's motion to dismiss and quash service of process, quashed plaintiff's service of process on the commissioner of corporations under the provisions of Mass.G.L. (Ter.Ed.) Ch. 181, § 3A, on the ground that plaintiff's cause of action did not arise out of business done within Massachusetts. Plaintiff filed, on April 2, an application for an order of notice under the provisions of Mass. G.L.(Ter.Ed.) Ch. 223, § 37, as amended.
Section 37, which is made applicable to service of process on foreign corporations doing business within the state by the provisions of § 38 of the same chapter, provides that where an officer authorized to serve process makes return on such process that, after diligent search, he can find no one upon whom he can lawfully make service in accordance with prior provisions of the section, the court may issue an order of notice, a copy of which is to be delivered to the commissioner of corporations and taxation. It is then provided that, "Said commissioner shall forthwith cause said copy to be forwarded by registered mail, return receipt requested, to such corporation at such address as may be designated for the purpose by a writing signed by its president, treasurer or clerk and filed with said commissioner or if no such address has been designated, to its principal place of business in the commonwealth as stated in the last certificate of condition filed by it or, if no certificate has been filed by it, as stated in its articles of organization or any articles of amendment thereof."
The marshal has made return on the summons that he has made diligent search and failed to find any officer, agent or attorney of defendant corporation upon whom service may be made within the district. But, it is also conceded that the corporation has never filed with the commissioner any designation of an address to which the order of notice could be mailed, and has never filed a certificate of condition, or articles of...
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Samson Cordage Works v. Wellington Puritan Mills, Inc.
...Com. of Kentucky, 234 U.S. 579, 34 S.Ct. 944, 58 L.Ed. 1479; Nichols v. Cowles Magazines, Inc., D.C.D.Mass., 103 F.Supp. 864; Id., D.C., 108 F. Supp. 883; Formmaster Corp. v. G. H. Bishop Co., D.C.S.D.N.Y., 138 F.Supp. 115; Wyshak v. Anaconda Copper Mining Co., 328 Mass. 219, 103 N.E. 2d 23......
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Denis v. Perfect Parts
...Com. of Kentucky, 234 U.S. 579, 34 S.Ct. 944, 58 L.Ed. 1479; Nichols v. Cowles Magazines, Inc., D.C.D.Mass., 103 F.Supp. 864; Id., D.C., 108 F.Supp. 883; Formmaster Corp. v. G. H. Bishop Co., D.C. S.D.N.Y., 138 F.Supp. 115; Wyshak v. Anaconda Copper Mining Co., 328 Mass. 219, 103 N.E.2d 230......
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Boston Packaging Machinery Co. v. Woodman Company
...appears to be no way in which effectual service can be made upon defendant, and the action should be dismissed. Nichols v. Cowles Magazines, Inc., D.C., 108 F.Supp. 883. The motion to quash service of process and to dismiss the action is ...
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William I. Horlick Co. v. Bogue Electric Mfg. Co., Civ. A. No. 56-36.
...now clear that no effectual service could ever be made in this action, it would be proper to dismiss the complaint. Nichols v. Cowles Magazines, Inc., D.C., 108 F.Supp. 883. That fact has not as yet been made clear here. Plaintiff appears to believe it can make valid service under Mass.G.L.......