Boardman v. S. S. McClure Co.

Citations

• 123 F. 614
• 1903 U.S. App. LEXIS 4926

Syllabus

<p>1. Foreign Corporations—Service of Process—Minnesota Statute.</p> <p>' Under the statutes of Minnesota and the acts of Congress, governing service of process upon foreign corporations, the service must be made upon some agent who is transacting the business of the foreign corporation within the state.</p> <p>2. Same—Doing Business in State.</p> <p>A foreign corporation which has men sent through the country to solicit orders for goods and wares is not “doing business” wherever those solicitors go, and is not liable to be served with process by service upon such traveling men.</p> <p>8. Same—Traveling .Solicitors.</p> <p>A publishing corporation whose residence and headquarters are in New York City, and whose only business within the state of Minnesota is to circulate its periodicals by mail, and to send its employes into the state for the purpose of soliciting advertisements, is not “doing business” within the state of Minnesota to the extent that it can be said to be “found” in that state for the purpose of service under the acts of Congress.</p> <p>A. Same—Agents.</p> <p>An employé who is sent into the state as traveling solicitor of advertisements, whose only authority is to take orders at rates dictated by the home company, and for space subject to the approval of the home company, and without authority to make definite contracts, is not an “agent,” within the meaning of the Minnesota statutes, upon whom service of process is binding upon the corporation.</p> <p>6. Same.</p> <p>The name which such person assumes, even with the knowledge of his principal, will not be controlling when the real character of his employment appears.</p> <p>¶ 1. Service of process on foreign corporations, see note to Eldred v. Palace Car Co., 45 C. C. A. 8.</p> <p>¶ 2. Foreign corporations doing business in state, see note to Wagner v. Meakins, 33 C. C. A. 585.</p>