United States Supreme Court Cases & Opinions

U.S. Supreme Court

Frank L. Young Co. v. McNeal-Edwards Co., 283 U.S. 398 (1931)

Frank L. Young Co. v. McNeal-Edwards Co.

No. 490

Argued April 24, 27, 1931

Decided May 18, 1931

283 U.S. 398

Syllabus

A Massachusetts statute provides that, if an action be brought in the state by a nonresident, he shall be held to answer any action brought against him there by the defendant if the demands are of such nature that judgment or execution in the one case may be set off against judgment or execution in the other. The writ in such cross-action may be served on the attorney of record for the plaintiff in the "original action." A resident of Massachusetts sued a resident of another state for breach of warranty in a sale of fish oil and attached the drums, belonging to the nonresident, in which the oil had been shipped. The nonresident then sued the resident, in Massachusetts, for conversion of the drums, and thereupon the resident, dismissing the attachment suit, again sued the nonresident, on the same cause of action for breach of warranty, and served the summons on the attorney for the nonresident in the suit brought by the latter.

Held:

1: The service was good in personam under the statute mentioned. P. 283 U. S. 400.

2. The statute, by virtue of the Conformity Act, applies in the federal court, and that court acquired jurisdiction over the nonresident through service on his attorney of record. Id.

3. This application of the state law is constitutional. P. 283 U. S. 401.

42 F.2d 362, 43 id. 99, reversed.

Certiorari, 282 U.S. 831, to review a judgment of the circuit court of appeals which reversed the District Court in a suit on a contract and dismissed the cause for want of jurisdiction. See also 35 F.2d 829.

Page 283 U. S. 399