Mitchell Furniture Co. v. Selden Breck Constr. Co., 257 U.S. 213 (1921)

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 257 U.S. 184, click here.

Robert Mitchell Furniture Company v.

Selden Breck Construction Company
No. 56

Argued November 7, 1921
Decided December 5, 1921
257 U.S. 213

ERROR TO THE DISTRICT COURT OF THE UNITED STATES

FOR THE SOUTHERN DISTRICT OF OHIO

Syllabus

1. A judgment of the district court dismissing an action upon the ground that the process served was void and gave no jurisdiction over the defendant’s person is reviewable directly here. P. 214.

2. The purpose of a state law requiring foreign corporations to appoint local agents upon whom process may be served is primarily to secure local jurisdiction in respect of business transacted within the state, and the scope of the agency should not be extended further by implication unless so construed by the state supreme court. P. 215.

3. In an action in Ohio by an Ohio corporation against a Missouri corporation, upon a contract to be performed in Michigan, negotiated by correspondence and consummated (it seems) in Illinois, it appeared that the defendant had appointed an agent in Ohio upon whom process might be served (Ohio Gen.Code, § 179), and was engaged in building operations there when the contract was made, but, before the suit, had ceased such operations and withdrawn its property and men, and thereafter it merely filed an annual report in compliance with Ohio Gen.Code, § 5499, after service in the action a made on the agent. Held that the service was void. Chipman, Ltd. v. Thomas B. Jeffery Co., 251 U.S. 373.

Affirmed.

Writ of error to review a judgment of the district court dismissing an action against a foreign corporation upon the ground that the service of process upon its statutory agent did not give jurisdiction over the person of the corporation.