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Conflict of Laws Keyed to Hay, 16th Ed.
Adam v. Saenger
Citation:
303 U.S. 59, 58 S. Ct. 454, 82 L. Ed. 649 (1938)Facts
The Beaumont Export & Import Company, a Texas corporation, brought suit in the Superior Court of California against Montes to recover a money judgment for goods sold and delivered. Montes, following California practice and with leave of court, brought a cross-action against the corporation by serving a cross-complaint upon the corporation’s attorney of record in the pending suit to recover for conversion of chattels. A default judgment was entered in favor of Montes in the cross-action, and the corporation’s original suit was dismissed. The corporation later moved to open the default and defend, claiming the cross-complaint was not properly served on its attorney, but the motion was contested and denied. Adam, as assignee of the judgment, brought suit in Texas state district court against the corporation’s directors and stockholders to collect on the California judgment.
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