National Equip. Rental, Ltd. v. Szukhent

In National Equip. Rental, Ltd. v. Szukhent (375 U.S. 311 [1964]) the plaintiff brought suit for breach of a lease agreement in the United States District Court for the Eastern District of New York against father and son farmers who lived in Michigan. The lease provided that defendants designated Florence Weinberg, of Long Island City, New York, as their agent to accept service of any process within the State of New York. Defendants were unacquainted with Weinberg, who apparently had a relationship with the plaintiff. The plaintiff caused the summons and complaint to be served upon Weinberg, in accordance with the agreement, and she promptly mailed the papers to defendants. Defendants obtained New York counsel, who moved to dismiss the action for want of proper service under Federal Rules of Civil Procedure 4 (former [d] [1]) (authorizing service of process upon an agent). The District Court granted the motion, and the United States Court of Appeals for the Second Circuit affirmed. The Supreme Court reversed, finding that proper service was made under Federal Rules of Civil Procedure rule 4 (former [d] [1]), and that such service was not contrary to the policies of New York or Michigan. The Court observed that "A different case would be presented if Florence Weinberg had not given prompt notice to the respondents, for then the claim might well be made that her failure to do so had operated to invalidate the agency. We hold only that, prompt notice to the respondents having been given, Florence Weinberg was their 'agent authorized by appointment' to receive process within the meaning of Federal Rule of Civil Procedure 4(d)(1)." (375 U.S. at 318.)