Detroit Plastic Products Corp. v. Tolco Corp.

166 N.W.2d 1, 15 Mich. App. 34, 1968 Mich. App. LEXIS 779
CourtMichigan Court of Appeals
DecidedDecember 20, 1968
DocketDocket No. 4,601
StatusPublished
Cited by1 cases

This text of 166 N.W.2d 1 (Detroit Plastic Products Corp. v. Tolco Corp.) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Detroit Plastic Products Corp. v. Tolco Corp., 166 N.W.2d 1, 15 Mich. App. 34, 1968 Mich. App. LEXIS 779 (Mich. Ct. App. 1968).

Opinion

Per Curiam.

Plaintiff-appellant, a Michigan corporation, located at Detroit, Michigan, sold and delivered to the defendant, an Ohio corporation, of Toledo, Ohio, plastic products manufactured in Michigan.

Defendant failed or refused to pay for the products in the amount of $3,019.67. Plaintiff brought this action in the circuit court for Wayne county against defendant to recover the price of the products delivered.

Defendant entered a special appearance and moved for an accelerated judgment of no cause of action because of lack of jurisdiction over the person of defendant. After a hearing the trial judge granted the accelerated judgment in favor of defendant which reads in part:

“It appearing to the court that the defendant is incorporated under the laws of the State of Ohio and had not entered into any contract in connection with the matter set forth in plaintiff’s complaint for materials to be furnished or services to be performed by said defendant within the State of Michigan, and it further appearing that no other basis for jurisdiction over the person of the defendant by the courts of the State of Michigan exists, now therefore,
“It is ordered and adjudged that said defendant’s motion for accelerated judgment be granted and an accelerated judgment of no cause for action be, and the same hereby is, entered' in favor of said defendant and against the plaintiff.”

Plaintiff appeals and raises the question, did the Wayne county circuit court have jurisdiction óver defendant foreign corporation to hear plaintiff’s complaint?

[36]*36Plaintiff asserts the answer to this question should be “yes,” and cites to the Court the statutory provisions giving our State courts jurisdiction over corporations.

CLS 1961, § 600.715 (Stat Ann 1962 Rev § 27A-.715) provides for limited jurisdiction as follows:

“The existence of any of the following relationships between a corporation or its agent and the state shall constitute a sufficient basis of jurisdiction to enable the courts of record of this state to exercise limited personal jurisdiction over such corporation and to enable such courts to render personal judgments against such corporation arising out of the act or acts which create any of the following relationships:
“(1) The transaction of any business within the state. * * *
“(5) Entering into a contract for services to he performed or for materials to he furnished in the state by the defendant.”

The motion of defendant for accelerated judgment asserts inter alia and is fortified by an affidavit of the president of defendant corporation that the defendant has not consented to jurisdiction of the courts of the State of Michigan and has not transacted any business within this State in connection with the matter alleged in plaintiff’s complaint and that defendant has not entered into any contract in connection with the matter set forth in plaintiff’s complaint for material to be furnished or services to be performed by defendant within the State of Michigan. Neither plaintiff’s complaint nor defendant’s answers to plaintiff’s interrogatories refute these statements made in defendant’s motion for accelerated judgment.

We conclude that under this Court’s decision in Corey v. Cook & Company (1966), 3 Mich App 359, [37]*37the Wayne county circuit court did not obtain jurisdiction over defendant corporation under subparagraph 5 of the limited jurisdiction statute. As to subparagraph 1 of the statute we find that this question is one of fact to be dealt with by the trial court as hereinafter provided.

Plaintiff claims that defendant corporation was subject to the jurisdiction of the courts of Michigan under the general jurisdiction statute, CLS 1961, § 600.711 (Stat Ann 1962 Rev § 27A.711) which provides :

“The existence of any of the following relationships between a corporation and the state shall constitute a sufficient basis of jurisdiction to enable the courts of record of this state to exercise general personal jurisdiction over such corporation and to enable such courts to render personal judgments against such corporation.
“(1) Incorporation under the laws of this state.
“(2) Consent, to the extent authorized by the consent.
“(3) The carrying on of a continuous and systematic part of its general business within the state.”

Defendant asserts that jurisdiction under this statute was not advanced or presented to the trial court and therefore should not be considered on appeal. Plaintiff answers in its brief that it was argued before the trial court before the court’s decision was made,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Crane v. Rothring
183 N.W.2d 434 (Michigan Court of Appeals, 1970)

Cite This Page — Counsel Stack

Bluebook (online)
166 N.W.2d 1, 15 Mich. App. 34, 1968 Mich. App. LEXIS 779, Counsel Stack Legal Research, https://law.counselstack.com/opinion/detroit-plastic-products-corp-v-tolco-corp-michctapp-1968.