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Dimarco v. Sterling Electronics Corp.

Court of Appeal of Louisiana, Fourth Circuit
Aug 23, 1976
336 So. 2d 964 (La. Ct. App. 1976)

Summary

In Dimarco v. Sterling Electronics Corporation, 336 So.2d 964 (La.App. 4th Cir. 1976), we held, under circumstances similar to those in the instant case, that a defendant-nonresident trustee subjected himself to Louisiana jurisdiction by doing business in the state through an agent.

Summary of this case from Livingston v. Gelb

Opinion

No. 7476.

August 23, 1976.

APPEAL FROM CIVIL DISTRICT COURT, PARISH OF ORLEANS, STATE OF LOUISIANA, HONORABLE PAUL P. GAROFALO, J.

Patrick M. Reily, Morrison Reily, New Orleans, for Frank Dimarco.

T. George Delsa, Kehl Pickering, New Orleans, for Jim Corporron.

Before REDMANN, LEMMON and BOUTALL, JJ.


Plaintiff appeals from the dismissal on exception to the jurisdiction over the person of a Texas resident who was the fiduciary established by plaintiff's employer in Louisiana to effect employee stock purchases through payroll deductions. We conclude the Texan did business in Louisiana and we therefore reverse.

Plaintiff's employer was a foreign corporation of which the defendant Texan was a vice-president. The corporation supplied printed forms in Louisiana appointing defendant "trustee" to receive the payroll deductions and purchase stock in the open market, with the obligation to deliver the certificates to the employee on written request. The defendant obviously consented to the corporation's soliciting in Louisiana the execution of the contracts naming himself as fiduciary to receive funds and buy stock. Defendant thus did business in Louisiana "by an agent" and thereby subjected himself to the jurisdiction of Louisiana courts in respect to any cause of action arising from that business; La.R.S. 13:3201(a). His affidavit that he did no business in Louisiana is a mistaken conclusion of law.

Reversed.


Summaries of

Dimarco v. Sterling Electronics Corp.

Court of Appeal of Louisiana, Fourth Circuit
Aug 23, 1976
336 So. 2d 964 (La. Ct. App. 1976)

In Dimarco v. Sterling Electronics Corporation, 336 So.2d 964 (La.App. 4th Cir. 1976), we held, under circumstances similar to those in the instant case, that a defendant-nonresident trustee subjected himself to Louisiana jurisdiction by doing business in the state through an agent.

Summary of this case from Livingston v. Gelb

In Dimarco, the plaintiff's employer, a foreign corporation doing business in Louisiana, furnished forms to be signed by its employees appointing the nonresident as a "trustee" or fiduciary empowered to purchase Sterling Electronics Corporation stock on the American Stock Exchange with the payroll deductions of the employees.

Summary of this case from Livingston v. Gelb
Case details for

Dimarco v. Sterling Electronics Corp.

Case Details

Full title:FRANK DIMARCO v. STERLING ELECTRONICS CORPORATION ET AL

Court:Court of Appeal of Louisiana, Fourth Circuit

Date published: Aug 23, 1976

Citations

336 So. 2d 964 (La. Ct. App. 1976)

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