Toledo Railways & Light Co. v. Hill, 244 U.S. 49 (1917)

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Toledo Railways & Light Co. v. Hill

No. 200

Argued April 23, 1917
Decided May 21, 1917
244 U.S. 49

ERROR TO THE DISTRICT COURT OF THE UNITED STATES

FOR THE SOUTHERN DISTRICT OF NEW YORK

Syllabus

An objection to the jurisdiction of the district court based on the defendant’s being a corporation not doing business in the state and upon want of representative capacity in the person served is not waived by answering to the merits after a motion to quash the service is overruled where the answer reasserts the jurisdictional point also, where the defendant participates in the trial only by reiterating the objection, and where the judge presiding treats the ruling on the motion as conclusive because made by an associate.

Provision made by a corporation for payment of its bonds and coupons at an office in a particular state and payment of coupons accordingly does not constitute such a doing of business in that state as renders the corporation liable to be sued there. So held where the action was upon some of the bonds.

There is no merit in the proposition that, as a basis for determining jurisdiction, the property of a corporation must be regarded as translated from its home state to another state when mortgaged to a trust company of the latter to secure bonds made payable there.

Reversed.

The case is stated in the opinion.