Civil Procedure Keyed to Cound
National Equipment Rental, Ltd. v. Szukhent
Respondents, the Szukhents, were residents of Michigan. They rented equipment from National Equipment Rental, Ltd., Petitioner, pursuant to a lease. The lease specified that Florence Weinberg, located in Long Island, New York, would be the designated agent of Respondents for purposes of accepting service of process. The lease was signed by Petitioner and Respondents. Petitioner filed suit against Respondents for failure to make payments under the lease. The complaint and summons were served on Weinberg and Petitioner notified Respondents via certified mail of said service. Weinberg promptly forwarded the complaint and summons to Respondents. Respondents moved to quash service of the summons and complaint on the grounds that service was ineffective. The trial court granted the motion to quash. The Circuit Court upheld, reasoning that the lease term did not create an agency relationship between Respondents and Weinberg. Petitioner appealed and the Supreme Court granted certiorari.
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