Constitutional Law - Due Process - Jurisdiction of a State Court Over a Foreign Corporation

Knauss S.Ed., Robert L.

Journal: Michigan Law Review

Volume: 55

First Page: 1168

Year: 1957

Bluebook Citation: 55 MICH. L. REV. 1168 (1957)

Author: Robert L. Knauss S Ed: all 4 publications


Abstract

Peninsular Gas Company, a Michigan corporation, brought an action in Missouri against the plaintiff for breach of contract. A judgment was returned for plaintiff, and plaintiff immediately filed suit for malicious prosecution and served process on the president of the corporation who was in Missouri for the prior trial. On a motion to quash, held, sustained. Under the due process clause of the United States Constitution, the court had no right to assume jurisdiction.

Defendant corporation was not doing business in Missouri, for bringing a prior lawsuit was a single isolated act and was not a part of its usual and customary business. Collar v. Peninsular Gas Company, (Mo. 1956) 295 S.W. (2d) 88.

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