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Advertise with Us. Even more important, the shipping terms are only a method for designating which of the parties will bear the cost of shipping and the risk of loss. That is all they are designed to do. In this case, for instance, it is inconceivable that the Bindery would not have agreed to ship the goods f.

Minneapolis if the plaintiff had requested those terms. The Bindery would merely have increased its prices to cover the extra shipping and insurance costs. This article also contains a thorough discussion of the evolution of the right of State courts to extend their jurisdiction. My opinion in Williams v. Connolly, supra, note 4, also discusses this area in detail. The insurance company had solicited the plaintiff's intestate by mail in order to get him to maintain his coverage with it in the first place.

Some cases have put emphasis on the fact that the non-resident begins the negotiations between the parties. The Supreme Court in McGee placed no reliance on the fact, and this Court feels that who makes the first contact is not an important point.

Most new business probably comes to a company as a result of its advertising or the efforts of its sales personnel. But on some occasions advertising or recommendations of other customers will cause a prospective customer to make the initial contact with the firm.

The business relations between the parties will not usually depend on the method by which contact was established. Therefore, once the non-resident undertakes to perform a business contract with a Minnesota resident, this Court does not feel that the question of who made the first contact is material.

The McGee opinion also points out that the important witnesses may often reside in the plaintiff's home State. As I read the opinion, this is not a reason for upholding jurisdiction on the McGee facts alone, but is treated as a reason justifying the holding of the case as to what constitutes "substantial contacts" allowing the exercise of a State's judicial power over non-resident parties.

Hanson v. Denkla, U. Draft No. In this case the pleadings suggest that the major losses to Kornfuehrer came from his inability to meet resale agreements made here. This type of damage could be considered a "substantial consequence" within the State. Coral Pools, Inc. Knapp, S. The court upheld its jurisdiction over the parties in a suit based on an oral contract in which a non-resident agreed to install a swimming pool for the plaintiff.

Whether or not the major part of the performance was to occur out of State appears to have turned on which party's version of the contract was accepted. The case is typical in placing reliance on where the contract was "accepted" or "made" as a ground for jurisdiction.

Except to the extent that such conflict of laws considerations may determine the applicable law in a given case, they seem like excessively technical points on which to base a finding of minimum contacts. I place no reliance on them in the case now before me. Boston Metals Co. Spindler, Minn. Howes Co. Milling Co. Each of these cases asserted jurisdiction over the defendant even though his only contact with the State, as indicated by the record, had been the contract on which he was being sued.

However, each of the defendants had, at some point, sent an agent into the State in connection with the contract. Superior Court, 49 Cal. In Bank The Court was not, however, presented with the problem of a single transaction. Your Notes edit none. Gougler Industries, Inc.

Samuel Schlosberg, Inc. Modell's Shoppers World of Bergen Cty. Bank of Minneapolis v. Authorities 12 This opinion cites: Hanson v. Denckla, U. DeZurik Corp. De Astral v. Boston Met. Please support our work with a donation.

United States District Court D. Minnesota, Fourth Division. Close Click here to go now. List Map. Name A-Z.

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