The Archive · 1920

Jurisdiction Questioned

A CLAIM AGAINST A AMERICAN CE

A plea against the—jurisdiction of the U, 8. Court for China, raised by the Neuss, Hesslein Ca., Inc, Was argued on Tuesday before the Hon. C. 8. Lobingier, Judge. Defendants are being sued in that court by the Belgian Trading Ca.

S. Fessenden appeared for plaintiffs and Mr. J. B. Davies for defendants.

Mr. Davies said this matter was before the court on a plea to the jurisdiction entered by the defendants. His instructions to appear for them had been received by cable direct from New York. Neuss, Hesslein. & Ca. was a corporation organized under the State of New York laws. Their position was that the company was in no sense carry ing on business within the jurisdietion of the U. S. Court for' China, No one had ever been given power of attorney and they had never been registered at the American Consulate or in any consulate Shanghai.

His Honour: Have they any representative here?

Mr. Davies: They have man we claim is in the position of a salesman. He has no authority to open a bank account or to arrange for credit.

His Honour: What does he do here?

Mr. Davies: Takes orders and transmits them to New York His Honour: If an order is not filled to the satisfaction of the customer he has to go to New

Text read from the printed page and cleaned; old type leaves the occasional error.

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