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NATIONAL CITY BANK v. HARBIN ELECTRIC JOINT-STOCK CO.

No. 5365.

28 F.2d 468 (1928)

NATIONAL CITY BANK OF NEW YORK v. HARBIN ELECTRIC JOINT-STOCK CO., Limited.

Circuit Court of Appeals, Ninth Circuit.

October 1, 1928.

Attorney(s) appearing for the Case

Chalaire & Franklin, of Shanghai, China, and Pillsbury, Madison & Sutro, of San Francisco, Cal. (Alfred Sutro and Eugene M. Prince, both of San Francisco, Cal., of counsel), for plaintiff in error.

Sidney A. Moss, of Shanghai, China, and Hiram W. Johnson, Jr., of San Francisco, Cal. (Max Mayer, of San Francisco, Cal., of counsel), for defendant in error.

Before RUDKIN, DIETRICH, and HUNT, Circuit Judges.

HUNT, Circuit Judge (after stating the facts as above).

The main contention of the plaintiff in error is that, without the engineering corporation and Beardsley as parties, the action cannot be maintained, and that failure to make them parties cannot be excused by reason of the fact that they do not reside or do business within the territorial jurisdiction of the United States Court in China.

The general rule is that...

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