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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 578   View pdf image (33K)
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578 CORPORATIONS. [ART. 23

unless it voluntarily appears, in which event the court acquires Jurisdiction.
Fairfax, etc., Co. v. Chambers, 75 Md. 614.

A railroad company of Georgia, having a traffic arrangement with a steam-
ship line in Maryland running from Baltimore to Savannah, and which
employed an agent in this state to solicit freight, held to be "doing business"
in this state, within the meaning of section 411 of the code of 1904. Sendee
of process made on such agent, held sufficient to bind the railroad company.
Central of Ga. R. R. Co. v. Eichberg, 107 Md. 366. Cf. Gottschalk Co. v.
Distilling Co., 50 Fed. 681.

Under section 411 of the code of 1904, a suit might be maintained in
Maryland by a resident of Virginia against a Pennsylvania corporation where
the application for Insurance, the examination of the applicant, the delivery
of the policy and the payment necessary to its validity, all took place in this
state. Fidelity Life Assn. v. Ficklin, 74 Md. 179.

Where a foreign corporation has no place of business in Maryland, and
has had no transactions within this state other than the purchase of certain
machinery, it is not amenable to process here. Crook v. Girard Iron Co., 87
Md. 140.

Attachments.

To bring a case within the operation of the first portion of section 411 of
the code of 1904, applicable to resident plaintiffs, the obligation sought to be
enforced must be a direct liability to such plaintiff. A resident plaintiff can
not maintain an attachment in this state where the cause of action did not
arise here and both the garnishee and the defendant are non-residents.
Motion to quash held to have been made in time. Cromwell v. Royal, etc.,
Ins. Co., 49 Md. 373; Meyer v. Liverpool, etc., Ins. Co., 40 Md. 601. Cf. Hodg-
son v. Southern Bldg. Assn., 91 Md. 445. And see Universal Life Ins. Co. v.
Bachus, 51 Md. 30; Odend'hal v. Devlin, 48 Md. 445.

The last portion of section 411 of the code of 1904 (providing that nothing
"in this article" should prevent or effect attachments against corporations),
applied. Hodgson v. Southern Bldg. Assn., 91 Md, 448.

Service and return of process.

Construing together sections 409 to 412 of the code of 1904, it was held
that where a foreign or domestic corporation ceased to have an agent in this
state after contracting a liability to a citizen of Maryland while transacting
business here, process might be served against siuch corporation as to such
liability, by service upon the president or any director or manager of the
corporation to be found here. Boggs v. Inter-American Mining Co., 105
Md. 385.

Since section 411 of the code of 1904 required that in case service was
made upon an agent of the corporation, notice of such process should be left
at the corporation's principal office, if the latter requirement is not compiled
with, a judgment founded on such defective process is void. Wagner v.
Shank, 59 Md. 322.

The object of the portion of this section requiring a copy of the process to
be left at the corporation's principal office being to inform the company of
the process against it, a copy of a summons directed to an agent of the
company would be misleading, and does not bind the corporation; practice
in raising the question of the validity of such summons. Smith Premier Co.
v. Westcott, 112 Md. 150.

The return of the sheriff ought to show affirmatively upon what person or
persons the process was served. Service on the attorney for a corporation is
not sufficient. Waiver of service. Admission of service by attorney. North-
ern Central Ry. Co. v. Rider, 45 Md. 31; Dugan v. Baltimore, 70 Md. 7. And
see Smith Premier Co. v. Westcott, 112 Md. 150.

Generally.

Section 411 of the code of 1904 was not a grant of a privilege or immunity
from suit to parties otherwise liable to be sued in Maryland, but the grant
of a restricted and limited jurisdiction to the courts over certain suits
against foreign corporations not otherwise amenable to the jurisdiction of
our courts. Purpose of this section. Cromwell v. Royal, etc., Ins. Co., 49
Md. 382. And see Carstairs v. Mechanics' Ins. Co., 13 Fed. 824.

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 578   View pdf image (33K)
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