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THYS COMPANY v. HARVARD INDUSTRIES (06/17/65)

decided: June 17, 1965.

THYS COMPANY
v.
HARVARD INDUSTRIES, INC., APPELLANT



Appeal from judgment of Court of Common Pleas of Allegheny County, July T., 1961, No. 3387, in case of Thys Company, individually and doing business as Precision Founders, Incorporated, v. Harvard Industries, Inc.

COUNSEL

Jack W. Plowman, with him Plowman and Spiegel, for appellant.

Alexander J. Jaffurs, for appellee.

Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ. (Rhodes, P. J., absent). Opinion by Flood, J.

Author: Flood

[ 205 Pa. Super. Page 473]

In this action, brought by the appellees to enforce a California judgment, the appellant challenges the jurisdiction of the California court to enter the judgment.

Service of process in the original suit was made upon the Secretary of State of California, under § 6501 of the California Corporation Code, upon an order of the California court which was based upon a finding, inter alia, that the appellant was a foreign corporation having done business in the state. This finding as to doing business, however, is not binding upon the courts of this state as a basis for jurisdiction of the California court over the appellant. Thompson v. Whitman, 85 U.S. 457 (1873); Thorn Estate, 353 Pa. 603, 46 A.2d 258 (1946).

[ 205 Pa. Super. Page 474]

The court below took testimony and examined the question of jurisdiction, concluded that the California court had jurisdiction, and entered judgment against the appellant on the California judgment.

From the opinion it appears that the court en banc found and acted upon the following facts:

1. The appellant, Harvard Industries, Inc., has designated no agent for the service of process upon it in California, and after due diligence the plaintiff found no offices or agent of the defendant specified in § 6500 of the Corporation Code of California for the service of process.

2. Harvard Industries, Inc. acquired all the capital stock of Rudolf Wendel, Inc., a California corporation, on June 22, 1959.

3. At the time of the purchase, Wendel was in weak financial condition and Harvard believed that if Wendel could acquire some equipment it might be rejuvenated, since it had some government contracts which ...


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