Page:Henry Osborn Taylor, A Treatise on the Law of Private Corporations (5th ed, 1905).djvu/404

 § 398.] THE LAW OF PRIVATE CORPORATIONS. [CHAP. VII. § 398. In New York it is held that when a foreign corpora- tion has done business in that state, and suit is brought docTriue rk on a cause °f action arising there, service on one of its directors temporarily in the state on its own busi- ness is a valid service on the corporation; and this, on the ground that "any service must be deemed sufficient which renders it reasonably probable that the party proceeded against will be apprised of what is going on against him, and have an opportunity to defend." 1 The New York court has certainly gone very far in upholding the validity of service on a foreign corporation. Section 1780 of the New York Code of Civil Procedure provides that " an action against a foreign corpora- tion may be maintained by a resident of the state, or by a domestic corporation, for any cause of action." Section 432 provides that personal service of the summons upon a foreign corporation may be made by delivering a copy within the state to the president, secretary, or treasurer. In the case referred to, Pope v. Terre Haute Car Manufacturing Company,- it ap- peared that a foreign corporation had transacted no business within the state, and had neither property nor a place of busi- ness there. The plaintiffs were residents, and the cause of action arose on contract. The summons was served on the de- fendant's president while he was temporarily within the state on his way to a seaside resort, and not in his official capacity nor on any business connected with the corporation. The court held the service sufficient, and that a judgment rendered in the action would be valid for every purpose within the state, and could be enforced against any corporate property within the state at any time : " The object," said the court, " of all service of process for the commencement of a suit or any other legal proceeding is to give notice to the party proceeded against, and any service which reasonably accomplishes that end answers the requirements of natural justice and fundamental law; and eral powers involving the exercise of judgment and discretion. Taylor v. Granite Ass'n, 136 N. Y. 343. As to who is not a "local agent' 1 of a for- eign corporation, on whom process may he served according to statute, see Mexican Central Ey. v. Pinkney, 149 U. S. 194. 384 1 Hiller v. Burlington, etc., R. R. Co., 70 N. Y. 223. See, also, Gibbs v. Queen Ins. Co., 63 N. Y. 114; Lafay- ette Ins. Co. v. French, 18 How. 404, 407. See § 392. 2 87 N. Y. 137.