Security Discount Associates, Inc. v. Anderson Aircraft Corp.

D. Delaware

Security Discount Associates, Inc. v. Anderson Aircraft Corp.

108 F. Supp. 909, 1952 U.S. Dist. LEXIS 2387

CourtDistrict Court, D. Delaware

DecidedNovember 28, 1952

DocketCiv. No. 1467

StatusPublished

This text of 108 F. Supp. 909 (Security Discount Associates, Inc. v. Anderson Aircraft Corp.) is published on Counsel Stack Legal Research, covering District Court, D. Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Security Discount Associates, Inc. v. Anderson Aircraft Corp., 108 F. Supp. 909, 1952 U.S. Dist. LEXIS 2387 (D. Del. 1952).

Pincite

Opinion

LEAHY, Chief Judge.

The matter for present decision deals with a motion of defendant to vacate the return on the service of the writ of summons and to dismiss the complaint on the ground the court is without jurisdiction ¡because (1) William W. Krouse, upon whom attempted service of process was made, was not at the time of the attempted service an agent or officer of'defendant; and (2) defendant, a California corporation, has no office or other facility for the doing of its business within the State of Delaware. Neither has defendant qualified to do business in Delaware and it has no agent in Delaware upon whom process can be served. The record before me establishes that defendant has no person in Delaware upon whom service of process may be made; and it obviously is not qualified to do business in Delaware; and the moving papers show this lack of jurisdictional facts.

I conclude that defendant’s motion should be granted. An order may be submitted.

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LEAHY, Chief Judge.

The matter for present decision deals with a motion of defendant to vacate the return on the service of the writ of summons and to dismiss the complaint on the ground the court is without jurisdiction ¡because (1) William W. Krouse, upon whom attempted service of process was made, was not at the time of the attempted service an agent or officer of'defendant; and (2) defendant, a California corporation, has no office or other facility for the doing of its business within the State of Delaware. Neither has defendant qualified to do business in Delaware and it has no agent in Delaware upon whom process can be served. The record before me establishes that defendant has no person in Delaware upon whom service of process may be made; and it obviously is not qualified to do business in Delaware; and the moving papers show this lack of jurisdictional facts.

I conclude that defendant’s motion should be granted. An order may be submitted.

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Bluebook (online)

108 F. Supp. 909, 1952 U.S. Dist. LEXIS 2387, Counsel Stack Legal Research, https://law.counselstack.com/opinion/security-discount-associates-inc-v-anderson-aircraft-corp-ded-1952.