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National Equipment Rental, Ltd. v. Szukhent

United States Supreme Court

375 U.S. 311 (1964)

Relevant factsFree

Szukhent (defendant) signed a short form lease for farm equipment with National Equipment Rental, Ltd. (plaintiff) that designated Florence Weinberg, a National officer whom Szukhent had never met, as his agent to accept service of process under the lease. After Szukhent stopped making payments, National sued and served Weinberg as designated agent; Weinberg promptly notified Szukhent of the service, and National separately notified him as well, but Szukhent moved to quash service, arguing the agency arrangement was invalid; the district court granted the motion, the court of appeals affirmed, and National sought Supreme Court review.

IssueFree

Whether a party to a contract may appoint an agent to accept service of process under that contract, even without having met the agent and absent an explicit obligation for the agent to notify the party.

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