Wilken v. Moorman Manufacturing Company
| Decision Date | 26 March 1931 |
| Docket Number | 27589 |
| Citation | 235 N.W. 671,121 Neb. 1 |
| Parties | JOHN WILKEN, APPELLEE, v. MOORMAN MANUFACTURING COMPANY ET AL., APPELLANTS |
| Court | Nebraska Supreme Court |
APPEAL from the district court for Seward county: HARRY D. LANDIS JUDGE. Affirmed.
AFFIRMED.
Syllabus by the Court.
A foreign corporation may be served with process in this state by service of such process on a managing agent of the corporation in the state.
A sales manager of a foreign corporation who exercises judgment and discretion in the conduct of the corporation's affairs within this state is, within the meaning of the statute relating to service of process on such corporations, a managing agent, notwithstanding his acts and doings as such agent may refer only to a part of the business transacted by the corporation.
Evidence examined, and held to show the defendant corporation was doing business in the state and could be served with process by service thereof on the auditor of public accounts.
Appeal from District Court, Seward County; Landis, Judge.
Action by John Wilken against the Moorman Manufacturing Company, a corporation, and another. Judgment for the plaintiff, and the defendants appeal.
Affirmed.
Norval Brothers, Tibbets & Hewitt and Wilson & Schmiedeskamp, for appellants.
Thomas & Vail, contra.
Heard before GOSS, C. J., ROSE, DEAN, GOOD, EBERLY, DAY and PAINE JJ.
Defendants have appealed from a judgment for damages in an action sounding in tort.
The errors complained of relate solely to the jurisdiction of the court over the persons of the defendants.
Summons was served personally on defendant Rucklos in Seward county. It is claimed that he was enticed into that county for the purpose of obtaining service of process on him in this action. The evidence shows that Rucklos was a resident of Lancaster county; that he was frequently transacting business as a salesman or sales manager in Seward county and was in the county transacting such business on the day summons was served on him. The record does not sustain his contention that he was enticed within the jurisdiction of the court. The trial court properly overruled his special appearance.
Moorman Manufacturing Company is a foreign corporation. Summons was served on it by delivery of a copy to Rucklos as managing agent of the corporation. Later, an alias summons was issued and served on the corporation by delivery of a copy to the auditor of public accounts. The defendant corporation contends that Rucklos was not a managing agent, and that delivery to him of a copy of the summons was insufficient to give the court jurisdiction over it, and also contends that it was not doing business within the state, within the meaning of the statute, so as to authorize service of process upon it by delivery of a copy to the auditor of public accounts.
Section 20-513, Comp. St. 1929, provides: "When the defendant is a foreign corporation, having a managing agent in this state, the service may be upon such agent." If Rucklos was a managing agent, service of summons upon him would give the court jurisdiction.
From the record it appears that the defendant corporation is engaged in the manufacture of stock foods at Quincy, Illinois. It maintains a corps of salesmen and sales managers in this and other states who solicit orders which are sent to the company either at its office in Quincy or at an office which it maintains in Council Bluffs, Iowa, where the orders are filled and shipped direct to the purchaser. It requires of its sales managers that they solicit other persons to become salesmen, and when salesmen are selected the sales managers are required to accompany them through their territory for a week and instruct them in their duties in making their sales. Rucklos was a sales manager. He had 21 counties in Nebraska under his supervision. He had something like 40 salesmen under him. These men it was his duty to instruct in the performance of their duties, and, when making sales, they reported to him, as well as direct to the company. Rucklos received a commission on all the sales made by the salesmen under him in his territory. It also appears that, for the purpose of advertising its...
To continue reading
Request your trial