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Hoffman v. Carter

Decided: October 23, 1936.

HAROLD G. HOFFMAN, PLAINTIFF,
v.
BOAKE CARTER ET AL., DEFENDANTS



On rule to show cause why service of summons and complaint should not be set aside.

For the plaintiff, Green & Green (Harry Green).

For the defendants, Pitney, Hardin & Skinner.

Before Justices Trenchard, Bodine and Heher.

Bodine

[117 NJL Page 205] BODINE, J. Plaintiff seeks to recover damages by reason of alleged defamation. The complaint alleges that the words complained of were spoken by one Boake Carter who was employed by WCAU Broadcasting Company, Atlantic Broadcasting Corporation, Columbia Broadcasting System, Incorporated, Philco Radio and Television Corporation, Philco Radio and Television Corporation of New York, Philco Radio and Television Corporation of Pennsylvania, and Philadelphia Storage Battery Company, or by one or more of the said defendants, to broadcast items of interest and news of the day and to advertise the products of the defendants Philco Radio and Television Corporation, Philco Radio and Television Corporation of Pennsylvania, and Philadelphia

Storage Battery Company, to radio audiences and listeners throughout the United States, through the facilities provided by the defendant Columbia Broadcasting System, Incorporated, which said broadcasts emanated from radio station WCAU of Philadelphia, owned and operated by the defendant WCAU Broadcasting Company, and broadcast over and through the facilities of radio station WABC, owned and operated by the defendant Atlantic Broadcasting Corporation.

The defendants, Philco Radio and Television Corporation, a Delaware corporation, and Philco Radio and Television Corporation of Pennsylvania, a Delaware corporation, Philadelphia Storage Battery Company, a Pennsylvania corporation, Columbia Broadcasting System, Incorporated, a New York corporation, moved to set aside the alleged service of process and obtained a rule returnable before this court for that purpose. The four corporations in question are foreign corporations not licensed to do business in New Jersey.

The Philco Radio and Television Corporation, a Delaware corporation, maintains no office, owns no real estate, has no factory or warehouse and maintains no bank account in this state. Its office is in Philadelphia, where it purchases radios, and radio supplies, from the Philadelphia Storage Battery Company having an office and plant in that city. The radios and radio parts are sold to wholesale distributors who do business at different points throughout the United States. All sales are made at Philadelphia where orders are accepted or rejected and where accounts are payable.

Philco Radio and Television Corporation of New York, Fineberg Brothers, and Philco Radio and Television Corporation of Pennsylvania sell to local dealers within this state. Storage batteries are sold to a different group of distributors, including Charles W. Krieg, Incorporated, of 52 Dickerson Street, Newark. Sales are made in Philadelphia. The Philco Radio and Television Corporation conducts national advertising schemes and send salesmen or soliciting agents to its distributors, including its distributors in New Jersey. Orders obtained by solicitors are subject to acceptance or rejection in Philadelphia. The stocks of materials in the possession

of the wholesale distributors, both of storage batteries and of radios and radio accessories, are the property of the distributors.

The defendant Philco Radio and Television Corporation of Pennsylvania, is also a Delaware corporation not licensed to do business in New Jersey. It is one of the wholesale distributors of the Philco Radio and Television Corporation. It and the Philco Radio and Television Corporation of New York are subsidiaries of the Philco Radio and Television Corporation. The control is effected by stock ownership. The Philco of Pennsylvania has no office, agency or place of business in this state. It owns no real estate and has no bank account in New Jersey. Its sales to dealers in South Jersey are negotiated by solicitors working out of the Pennsylvania office and the orders received are subject to acceptance or rejection in Pennsylvania. All accounts are payable in Pennsylvania and deliveries are made from that state.

The Philadelphia Storage Battery Company is also a Pennsylvania corporation. It has an office and plant in Philadelphia and, as before noted, sells a part of its output to the Philco Radio and Television Company in Philadelphia. It has no plant, office, agency or bank account in this state. Its stockholders are ...


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