United States District Court, Northern District of Illinois, E.D
August 15, 1958
E FILM CORPORATION, AN ILLINOIS CORPORATION, FORMERLY EMERSON FILM CORPORATION, AN ILLINOIS CORPORATION, PLAINTIFF,
UNITED FEATURE SYNDICATE, INC. A FOREIGN CORPORATION, DEFENDANT.
The opinion of the court was delivered by: Knoch, District Judge.
This matter came on to be heard on motion of defendant to
dismiss the action herein for want of jurisdiction over the
person of the defendant.
The Court has had the benefit of argument of counsel on written
briefs, has studied the authorities to which counsel refer, and
is fully informed in the premises.
Plaintiff contends that service on defendant in New York City
was properly made in compliance with section 17 of the Illinois
Civil Practice Act (Ill.Rev. Stat. c. 110, sections 16 and 17) as
the cause of action arose out of transaction of business in
Illinois by defendant who has thus submitted to the jurisdiction
of the courts of this State.
The facts are uncontroverted. The contract on which plaintiff
bases its action was not entered into in Illinois. Although
an employee of defendant lives in Illinois, he is not alleged to
have had any connection with the contract in question. No office
or telephone listing of defendant is maintained here. A visit to
plaintiff's predecessor in Chicago by defendant's vice-president
a month prior to the date of the offer mailed to New York and
allegedly there accepted, might be construed as preliminary
negotiation. However, it is the conclusion of this Court that
plaintiff's contentions are not supported by the uncontroverted
facts. It is ordered that defendant's motion be and it is hereby
allowed and this action is hereby dismissed.
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