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Civil Procedure Keyed to Rowe
International Shoe Co. v. Washington
Citation:
326 U.S. 310 (1945)
ProfessorBrittany L. Raposa
CaseCast™ – "What you need to know"
Facts
International Shoe Co. (Plaintiff) was a Delaware corporation that conducted a small amount of its business in the state of Washington. Some of International Shoe’s salesmen resided in Washington and rented rooms in local hotels to display the company’s merchandise. The state of Washington (Defendant), by statute, imposed a tax on corporations that conducted business within the state. Washington also had statutes establishing the procedure for service of process to notify a corporation that it had overdue taxes–the employer had to be personally notified, and if they could not be found, mail could be sent to the employer’s last known address. International Shoe did not pay its taxes; a sales representative was notified of this in person, and mail was sent to International Shoe’s primary address. International Shoe sued Washington, arguing that it could not be taxed by the state because it was not a Washington corporation and was not doing business within the state. It also argued that the service of process upon the International Shoe salesman was not proper service.
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