NATIONAL EQUIPMENT RENTAL, LTD. V. SZUKHENT
375 U.S. 311 (1964)
NATURE OF THE CASE: This was an action to recover on a lease.
FACTS: Szukhent (D), a Michigan resident, leased farm equipment from National (P), a New
York corporation. The lease designated Weinberg, a New York resident, as agent for the
purpose of accepting any service of any process within New York. D did not know Weinberg and
the lease did not say that Weinberg had to tell D of notice. P sued D for a failure to make
payments under the lease. A Marshall delivered the summons and complaint to Weinberg, who
sent them to D, with a letter stating the documents had been served on her as D's agent. P
also notified D of the service of process on Weinberg by certified mail. The district court
quashed service of summons, because the lease did not specifically require Weinberg to give
notice to D. The court reasoned that this was a failure of the agency agreement. The court
of appeals affirmed and certiorari was granted.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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