Milbank

This is an appeal by defendant, a New Jersey corporation, from a personal judgment rendered against it after default and subsequent to the denial of its motion made by special appearance to quash service of summons. The affidavit of service attached thereto recited that personal service had been made upon the defendant corporation “by serving Henry W. Runyon, Jr., its California business agent ...” The motion of the defendant challenged the sufficiency of the service of the summons under section 411 of the Code of Civil Procedure, which then read: “The summons must be served by delivering a copy thereof as follows: ... If suit is against a foreign corporation . . . doing business and having a man aging or business agent, cashier or secretary within this state: to such agent, cashier or secretary.” Under this provision, to sustain the judgment, it is requisite that the defendant corporation was doing business within the state and that Runyon was its managing or business agent at the time of the service. In considering the motion the court had before it the complaint, summons, notice of motion and the affidavits and counter-affidavits of the respective parties, which, although…