Opinion
No. 35,573.
January 11, 1952.
Foreign corporation — service of process — soliciting agent.
1. Service of process upon a soliciting agent of a nonresident corporation does not confer jurisdiction upon our courts.
Same — same — same.
2. Evidence examined and held to sustain finding of trial court that employe of nonresident corporation, upon whom service of process was made, was only a soliciting agent.
Appeal by Earl Johnson and B. R. L. Johnson, a copartnership d. b. a. Better Bilt Manufacturing Company, from an order of the district court for Hennepin county, Frank E. Reed, Judge, granting the motion of respondent, a foreign corporation, for an order setting aside service of process upon it in an action by plaintiff for personal injuries against defendants, wherein Williams Hardware Company and respondent were made additional parties defendant. Affirmed.
See, 235 Minn. 358, 51 N.W.2d 108.
Durham Swanson, for appellants.
C. E. Warner, for respondent.
This is a companion case to Gustafson v. Johnson (No. 35,529) 235 Minn. 358, 51 N.W.2d 108, filed herewith. The facts are the same, except that in this case the original defendants attempted to acquire jurisdiction over the nonresident corporation by service of process upon one Joseph R. Sitler, an employe. On motion of respondent, the nonresident corporation, the trial court set aside such service, and this appeal is from the order so doing.
It is the contention of appellants that Sitler was an agent of respondent within the meaning of M.S.A. 543.08 upon whom service of process could be made. We have carefully examined the record and are of the opinion that the court's finding that Sitler was only a soliciting agent is amply sustained by the evidence. Service upon such soliciting agent does not confer jurisdiction upon our courts. Abramovich v. Continental Can Co. Inc. 166 Minn. 151, 207 N.W. 201.
Affirmed.