Facts
- Barrell, a U.S. citizen domiciled in Connecticut, and Benjamin, domiciled in Demerara (a British colony), had been business partners.
- After dissolution of the partnership, a dispute arose over the settlement of partnership accounts, and Barrell sought to recover money allegedly owed.
- Barrell brought a contract action in Massachusetts seeking an accounting and payment.
- Benjamin was physically present in Boston briefly while preparing to depart by ship for Demerara.
- Benjamin was arrested/served in Massachusetts under process initiating the action.
- Benjamin challenged the Massachusetts court’s authority to proceed, arguing the claim arose abroad and he was domiciled abroad and only transiently in Massachusetts.
Issues
- Whether Massachusetts courts may exercise personal jurisdiction over a foreign-domiciled, nonresident defendant on a contract claim arising abroad when the defendant is personally served while temporarily present in Massachusetts.
- Whether a citizen of another U.S. state is entitled to sue in Massachusetts courts on the same terms as Massachusetts citizens under the Privileges and Immunities Clause.
Decision
- The court held that Massachusetts had personal jurisdiction because Benjamin was found and personally served within the state, despite foreign domicile and a foreign place of contracting/performance.
- The court recognized that Barrell, as a citizen of another state, was entitled to access Massachusetts courts on equal footing with Massachusetts citizens.
- The court ordered judgment that Benjamin account and that auditors be appointed to settle the partnership accounts.
Legal Principles
- Personal service on a defendant physically present in the forum supports in personam jurisdiction, even if the defendant is a transient nonresident and the cause of action arose outside the forum.
- Actions on personal contracts are transitory; the obligation has no fixed locality and may be enforced wherever the debtor is found and amenable to process.
- The risk that a debtor might leave the place of business with person and effects justifies allowing a creditor to sue where the debtor can be served, notwithstanding inconvenience to the debtor.
- Citizens of one U.S. state must be afforded the privileges of citizens in other states, including access to the courts on the same terms as local citizens.
Conclusion
The court permitted a Connecticut plaintiff to pursue an accounting in Massachusetts against a Demerara-domiciled defendant served while briefly in Boston, holding that contract actions are transitory and that in-state personal service supports jurisdiction even for foreign-origin claims, with sister-state citizenship reinforcing the plaintiff’s right to sue in the forum.