EMERSON RADIO & PH. CORP. v. CALLANDER DISTRIB. CORP.


116 F.Supp. 926 (1953)

EMERSON RADIO & PHONOGRAPH CORP. v. CALLANDER DISTRIBUTING CORP.

United States District Court, S. D. New York.

September 30, 1953.


Attorney(s) appearing for the Case

Krisel, Lessall & Dowling, New York City, for plaintiff, Jacob Krisel, New York City, of counsel.

Dills & Schelker, New York City, for defendant, Walter G. Schelker, Jr., New York City, of counsel.


CONGER, District Judge.

Motion in an action removed from the State Court by the defendant, a foreign corporation not licensed to do business in New York, to quash service of process effected pursuant to the terms of an agreement between the parties.

Such agreement, a so-called Distributor Franchise, was in effect by its terms from July 1, 1952 to June 30, 1953.

Paragraph 11 of the agreement provides in pertinent part as follows:

"* * * Distributor...

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