## 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

1. 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.
2. 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.


Barrell v. Benjamin, 15 Mass. 354 (Mass. 1819)