National Equipment Rental, Ltd. v. Szukhent

PETITIONER: National Equipment Rental, Ltd.
RESPONDENT: Szukhent
LOCATION: Cumberland Hospital

DOCKET NO.: 81
DECIDED BY: Warren Court (1962-1965)
LOWER COURT: United States Court of Appeals for the Second Circuit

CITATION: 375 US 311 (1964)
ARGUED: Nov 20, 1963
DECIDED: Jan 06, 1964

Facts of the case

Question

Media for National Equipment Rental, Ltd. v. Szukhent

Audio Transcription for Oral Argument - November 20, 1963 in National Equipment Rental, Ltd. v. Szukhent

Earl Warren:

Number 81, National Equipment Rental, Limited, Petitioner, versus Steve Szukhent.

Mr. Silverman.

Wilbur G. Silverman:

Mr. Chief Justice, may it please the Court.

This is on certiorari from the Circuit Court of Appeals from the Second Circuit affirming an order of the District Court quashing the service of process upon the respondents, the defendants in the court below.

The facts are -- I think without dispute, petitioner is a Delaware corporation whose principal place of business is located in the State of New York and whose principal business is that of purchasing industrial equipment pursuant to its costumer's orders in order that it may lease that equipment over a term of months or years to that lessee.

In accordance --

The purpose being (Inaudible) --

Wilbur G. Silverman:

No sir.

Straight lease?

Wilbur G. Silverman:

It's a straight lease.

In what terms?

Wilbur G. Silverman:

Well the terms vary in accordance with the desires of the lessee.

In this instance, I believe it was for 36 months.

The lease is written on a printed form, the last paragraph of which provided that the laws of the State of New York were applicable and that the contract was deemed to have been executed in the State of New York and it contained the name of the designated individual as a process agent upon whom the lessee may be served within the State of New York.

I might say that this paragraph was drafted primarily to conform with the provisions of Rule 4, subdivision d, Subdivision 1 which provides of the Federal Rules of Civil Procedure which provides for the service upon such a designated agent.

Service was affected on such agent by the United States Marshall and --

(Inaudible) Mrs. Weinberg?

Wilbur G. Silverman:

Mrs. Weinberg.

She was the wife of the --

Wilbur G. Silverman:

That's not correct judge.

(Inaudible)

Wilbur G. Silverman:

She was not the wife of any of the principals.

Who was she?

Wilbur G. Silverman:

She was related to one of the officers but not as a wife.

I think she's the assistant of one of the vice presidents.

(Inaudible)

Wilbur G. Silverman:

Lessor, yes sir.

She worked from that time?

Wilbur G. Silverman:

No sir.

As the record discloses, she received no compensation from any source.