Western Electrical Supply Company v. Abbeville Electric Light Power Company, No. 178

CourtUnited States Supreme Court
Writing for the CourtFuller
Citation49 L.Ed. 765,197 U.S. 299,25 S.Ct. 481
PartiesWESTERN ELECTRICAL SUPPLY COMPANY, Plff. in Err. , v. ABBEVILLE ELECTRIC LIGHT & POWER COMPANY
Docket NumberNo. 178
Decision Date03 April 1905

197 U.S. 299
25 S.Ct. 481
49 L.Ed. 765
WESTERN ELECTRICAL SUPPLY COMPANY, Plff. in Err.,

v.

ABBEVILLE ELECTRIC LIGHT & POWER COMPANY.

No. 178.
Argued and submitted March 14, 1905.
Decided April 3, 1905.

Page 300

Messrs. Lee W. Grant and Ralston & Siddons for plaintiff in error.

Mr. William N. Graydon for defendant in error.

Page 301

Mr. Chief Justice Fuller delivered the opinion of the court:

The Abbeville Electric Light & Power Company, a corporation of South Carolina, brought this action in the circuit court of Abbeville county, South Carolina, against the Western Electrical Supply Company, a corporation of Missouri, by service of summons and complaint on one George F. Schminke, as agent of the defendant. The complaint alleged that 'the cause of action set forth herein arose in this state,' and set up the breach of a contract of guaranty in respect of a machine for generating electricity, sold by defendant to plaintilff. Defendant appeared specially, and moved 'to set aside the service of the summons herein on the ground that the party served with the summons and complaint herein on the seventh day of November, 1900, was not an agent of the defendant.' The motion was heard on affidavits at the February term, 1901, of the circuit court, the service set aside, and the case dismissed for want of jurisdiction.

The circuit judge was of opinion that Schminke was not 'an agent in the sense in which 'any agent' is used in the Code.' The case was then carried by appeal to the supreme court of South Carolina, and the judgment below was reversed, and the cause remanded for further proceedings. 61 S. C. 361, 55 L. R. A. 146, 85 Am. St. Rep. 890, 39 S. E. 559.

The court held, speaking through Mr. Chief Justice McIver, that under the second paragraph of § 155 of the Code,

Page 302

as amended by an act approved March 2, 1899, the facts being considered in connection with § 1466 of the Revised Statutes of 1893, as amended by an act of 1897, the service was good and valid.

In this view the court said: 'The case must be regarded as a case in which a domestic corporation, having, as it supposed, a claim against a foreign corporation doing business in this state, arising out of a contract made and to be performed in this state, has undertaken to commence its action against such foreign corporation by serving, personally, within the limits of this state, an agent of such foreign corporation with a copy of the summons; and in such a case we...

To continue reading

Request your trial
5 practice notes
  • Findley v. Coal & Coke Ry. Co, (No. 2702.)
    • United States
    • Supreme Court of West Virginia
    • October 12, 1915
    ...v. Kirchoff, 169 U. S. 103, 18 Sup. Ct. 260, 42 L. Ed. 677; Western Electrical Supply Co. v. Abbeville Electric Light & Power Co., 197 U. S. 299, 25 Sup. Ct. 481, 49 L. Ed. 765. One of the authorities relied upon, Leora v. Railway Co., 156 Wis. 386, 146 N. W. 520, 8 N. C. C S. 108, seem......
  • In re Ford-Rennie Leather Co., No. 509.
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Delaware)
    • October 30, 1924
    ...of the bankrupt (Thompson v. Fairbanks, 196 U. S. 516, 25 S. Ct. 306, 49 L. Ed. 577; York Manufacturing Co. v. Cassell, 201 U. S. 344, 25 S. Ct. 481, 50 L. Ed. 782), it is manifest that that section lends no aid to the trustee in rendering ineffective against him the title of the petitioner......
  • Thompson v. Ford Motor Co, No. 15429.
    • United States
    • United States State Supreme Court of South Carolina
    • June 15, 1942
    ...is too clear and strong to be doubted. See, also, the case of Western Electric Supply Company v. Abbeville Electric Light, etc., Company, 197 U.S. 299, 25 S.Ct. 481, 49 L.Ed. 765. A further example of the Federal rule that the determination of each case is governed by the particular facts t......
  • Findley v. Coal
    • United States
    • Supreme Court of West Virginia
    • October 12, 1915
    ...1; Union Mutual Life Insurance Co. v. Kirchoff, 169 U. S. 103; Western Electrical Supply Co. v. Abbeville Electric Light & Power Co., 197 U. S. 299. One of the authorities relied upon, Leora v. Railway Co., 156 Wis. 386, 8 N. C. C. S., 108, seems to proceed upon the theory of a waiver b......
  • Request a trial to view additional results
5 cases
  • Findley v. Coal & Coke Ry. Co, (No. 2702.)
    • United States
    • Supreme Court of West Virginia
    • October 12, 1915
    ...Co. v. Kirchoff, 169 U. S. 103, 18 Sup. Ct. 260, 42 L. Ed. 677; Western Electrical Supply Co. v. Abbeville Electric Light & Power Co., 197 U. S. 299, 25 Sup. Ct. 481, 49 L. Ed. 765. One of the authorities relied upon, Leora v. Railway Co., 156 Wis. 386, 146 N. W. 520, 8 N. C. C S. 108, seem......
  • In re Ford-Rennie Leather Co., No. 509.
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Delaware)
    • October 30, 1924
    ...of the bankrupt (Thompson v. Fairbanks, 196 U. S. 516, 25 S. Ct. 306, 49 L. Ed. 577; York Manufacturing Co. v. Cassell, 201 U. S. 344, 25 S. Ct. 481, 50 L. Ed. 782), it is manifest that that section lends no aid to the trustee in rendering ineffective against him the title of the petitioner......
  • Thompson v. Ford Motor Co, No. 15429.
    • United States
    • United States State Supreme Court of South Carolina
    • June 15, 1942
    ...is too clear and strong to be doubted. See, also, the case of Western Electric Supply Company v. Abbeville Electric Light, etc., Company, 197 U.S. 299, 25 S.Ct. 481, 49 L.Ed. 765. A further example of the Federal rule that the determination of each case is governed by the particular facts t......
  • Findley v. Coal
    • United States
    • Supreme Court of West Virginia
    • October 12, 1915
    ...S. 1; Union Mutual Life Insurance Co. v. Kirchoff, 169 U. S. 103; Western Electrical Supply Co. v. Abbeville Electric Light & Power Co., 197 U. S. 299. One of the authorities relied upon, Leora v. Railway Co., 156 Wis. 386, 8 N. C. C. S., 108, seems to proceed upon the theory of a waiver by......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT