23 Mass. App. Ct. 1025 | Mass. App. Ct. | 1987
The sole basis relied on by the plaintiff for reversing the judgment of dismissal entered under Mass.R.Civ.P. 12 (b) (2), 365 Mass. 755 (1974), is G. L. c. 223A, § 3(a), as amended by St. 1969, c. 623, which provides that “[a] court may exercise personal jurisdiction over a person, who acts directly or by an agent, as to a cause of action in law or equity arising from the person’s (a) transacting any business in this Commonwealth” (emphasis supplied). When confronted by a motion under rule 12 (b) (2), a plaintiff who relies on § 3(a) has the burden of establishing facts upon which it can be determined that his cause of action arises out of business which the defendant has transacted here. Good Hope Indus., Inc. v. Ryder Scott Co., 378 Mass. 1, 3, 5-6,10 n.17 (1979). Carlson Corp. v. University of Vt., 380 Mass. 102, 104 n.4 (1980). Morrill v. Tong, 390 Mass. 120, 129, 133 (1983). Burtner v. Burnham, 13 Mass. App. Ct. 158, 161-162 (1982). Hood v. American M.A.N. Corp., 20 Mass. App. Ct. 937, 939 (1985). The facts which can be gleaned from the amended complaint and from the affidavit tendered by the plaintiff are meager. The plaintiff, a Massachusetts corporation with a place of business in Springfield, is seeking to recover damages from the defendant (State of incorporation unknown), a general contractor with a place of business in Woodbridge, Connecticut
Judgment affirmed.