174 Iowa 530 | Iowa | 1916
*532 “Agreed statement op pacts.
“This agreed statement of facts is to be used in connection with the special appearance entered by defendant’s attorneys in connection with the service of original notice upon J. A. Hosmer on September 8, 1913. It is agreed by and between the parties hereto:
“1. That J. A. Hosmer was served with an original notice Sept. 8, 1913, as the agent of the defendant company.
“2. That the said J. A. Hosmer is proprietor of the Hawkeye Transfer Company, and was at the time of this service, and was proprietor of the Hawkeye Buggy and Implement Company.
“3. That the Hawkeye Transfer Company is the trade name under which J. A. Hosmer does business with offices in Des Moines, Iowa, and his business is to receive, store and ship goods, merchandise, etc., for all persons requiring their services, and particularly engaged in the handling of agricultural implements and implements, machinery and devices in connection therewith.
“4. That the Standard Separator Company, defendant herein, engaged and had space for exhibition and storage purposes with the Hawkeye Transfer Company for the period of one year from December 1, 1912, to December, 1913.
‘ ‘ 5. That during this said year that there was shipped to the Hawkeye Transfer Company by the defendant in this case divers and sundry articles at divers and sundry times, and that the number of shipments made at different dates was 21.
“6. That the shipments of greater value were as follows.:
Nov. 13, 1912, goods of the value of........$ 625.00
Jan. 21, 1913, goods of the value of........ 1,250.00
Mar. 13,1913, goods of the value of........ 172.50
May 23, 1913, goods of the value of........ 1,325.00
July 12,1913, goods of the value of........ 237.50
*533 July 14,1913, goods of the value of........ 1,000.00
July 14, 1913, goods of the value of........ 1,000.00
July 13,1913, goods of the value of........ 282.50
Aug. 25,1913, goods of the value of........ 1,250.00
Aug. 29,1913, goods of the value of........ 1,250.00
Aug. 11,1913, goods of the value of........ 633.35
Sept. 18,1913, goods of the value of........ 625.00
“7. That these said goods as described in the foregoing paragraph were shipped to the Hawkeye Transfer Company for the purpose of being reshipped on the order of defendant to fill orders received by it through plaintiff or from others of its agents and for the purpose of exhibition to meet the requirements of the trade.
“8. That all of the said goods were shipped by defendant to the Hawkeye Transfer Company, were sold and disposed of or shipped in 73 different shipments or orders going to various parts and to various purchasers in this state, the last shipment being a shipment back to the Standard Separator Company at Milwaukee, Wisconsin, on January 10, 1914.
‘ ‘ 9. That the Hawkeye Transfer Company had authority to sell and did sell some of these goods of the defendant at retail in Des Moines, Iowa, and remitted therefor.
“10. That some of the goods shipped by the Hawkeye Transfer Company were sold for the defendant by the plaintiff and shipped on its order by the Hawkeye Transfer Company.
“11. That the plaintiff understood and was advised by the officers of the defendant company orally and in writing that the defendant would maintain in Des Moines, Iowa, at the place of business of the Hawkeye Transfer Company, a place to which goods would be shipped from Milwaukee, so that the plaintiff and other agents would have a near-by depot for the purpose of rapid and ready distribution of the goods sold.
*534 “12. That some of the goods shipped by the defendant to the ITawkeye Transfer Company were goods which plaintiff and other agents sold in the territory of Iowa.
“13. That Exhibit A hereto attached is a true'and correct copy of the contract of employment in force between plaintiff and defendant at the time of the sales mentioned in Paragraph 12 hereof and thereafter until plaintiff left defendant’s employ.
“14. That goods of the defendant were placed on exhibition at the Coliseum at the Implement Dealers’ Convention held in Des Moinep December 3, 4 and 5, 1912, and that the goods so placed on exhibition were by defendant shipped to the Hawkeye Transfer Company, by whom it was placed in the Coliseum.”
Upon the record thus made, the trial court sustained the defendant’s objection to the sufficiency of the notice and dismissed the action. It is from this ruling that appeal has been taken by plaintiff.
That the courts of this state have jurisdiction to entertain actions at law against foreign corporations, companies and individuals where proper service is had, is, of course, not disputed. Code Section 3532 provides a method of obtaining jurisdiction of such defendants, as follows:
“When a corporation, company or individual has, for the transaction of any business, an office or agency in any county other than that in which the principal resides, service may be made on any agent or clerk employed in such office or agency, in all actions growing out of or connected with the business of that office or agency. ’ ’
Appellant argues that, under the terms of this statute and the facts conceded in the agreed statement, the service on Hosmer constitutes good service on the defendant, and this question, upon which the trial court held with the- appellee, is .the only one calling for our decision.
This inquiry involves the determination, first, whether Hosmer was an agent of the defendant; and second, whether
Does it appear that this action grew out of or is in any manner connected with the business of that office or agency? This, too, must be answered in the affirmative. It is admitted' that defendant employed plaintiff with the agreément 'or' understanding that it would, from time to time, ship from Milwaukee to Hosmer at Des Moines goods of the kind which plaintiff undertook to sell, *“ so that plaintiff and other agents would have a near-by depot or base of supply for the rapid and ready distribution of the goods sold;” that defendants did, in fact, send goods to Hosmer for that purpose, and that' orders taken by plaintiff were filled in this manner through the agency of Hosmer. The language of the statute is quite broad and general, and permits the service of notice to be made, not only where the action grows out of the business of