Scott v. Stockholders' Oil Co.

• Decision Date: 28 April 1904
• Citation: 129 F. 615
• Parties: SCOTT v. STOCKHOLDERS' OIL CO. et al.
• Court: U.S. District Court — Eastern District of Pennsylvania

129 F. 615

SCOTT v. STOCKHOLDERS' OIL CO. et al.

United States Circuit Court, E.D. Pennsylvania.

April 28, 1904

Samuel J. Houston and Lawrence W. Baxter, for complainant.

Joseph R. Embery, for Theodore J. Dumble.

J. B McPHERSON, District Judge.

The history of this litigation is as follows: The service of the summons on the Dumble Development Company was made upon its secretary and general manager, but was set aside by Judge Dallas for the following reasons:

'The Dumble Development Company is admittedly a Delaware corporation. The return does not state, nor does it appear form the record, that it is an inhabitant of this district or has in any manner become subject to the jurisdiction of this court; and therefore, even if it be true, as stated that the person served was, when served, 'secretary and general manager of said company,' yet the return is legally insufficient, because it does not affirmatively show all that is requisite to constitute a valid service. ' Scott v. Stockholders' Oil Co. (C.C.) 122 F. 835.

An alias summons was thereupon issued, and upon this writ the marshal has made return as follows:

'January 20th, 1904, at Philadelphia, in my district, served the within writ on the Dumble Development Company by giving a true and attested copy thereof to Theodore J. Dumble, the registered agent of said company, as will appear by the certificate of the Secretary of the Commonwealth of Pennsylvania, hereto annexed and made part of this return; and at the time of said service I made known to said Dumble the contents of said writ. I first tried to serve said writ at 1217 Filbert street, Philadelphia, the designated office or place of business of said Dumble Development Company, but I was unable to find said Dumble, its registered agent at said place. I then served the said writ as above specified at the dwelling house of said Dumble, 1519 Ruan street, Frankford, Philadelphia.'

The certificate of the Secretary of the Commonwealth, attested by the seal of the state, declares under date of January 19, 1904:

'I do hereby certify that the records of this department show, that on November 5, 1902, the Dumble Development Company, a corporation of the state of Delaware, filed in this office a statement of office and agent in compliance with our act of April 22, 1874 (P.L. 108), entitled 'An act to prohibit foreign corporations from doing business in Pennsylvania, without having known places of business and authorized agents,' designating in said statement as agent Theo. H. Dumble, 1217 Filbert street, Philadelphia; that after careful, thorough and diligent search through the records of this department, I have been unable to find any subsequent statement filed by said company or any substitution or revocation of the authority of the above named Theo. J. Dumble, as agent of said corporation.'

Section 1 of the act referred to in the secretary's certificate prohibits any foreign corporation from doing business in Pennsylvania until it has established an office and appointed an agent for the transaction of business in this state. Section 2 is as follows:

'It shall not be lawful for any such corporation to do any business in this commonwealth, until it shall have filed in the office of the Secretary of the Commonwealth a statement, under the seal of said corporation, and signed by the president of secretary thereof, showing the title and object of said corporation, the location of its office or offices, and the name or names of its authorized agent or agents therein; and the certificate of the Secretary of the Commonwealth, under the

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