EASTMAN KODAK COMPANY OF NEW YORK v. SOUTHERN PHOTO MATERIALS COMPANY, 273 U.S. 359

Summary

The customer filed suit against the manufacturer, and process was issued and served, pursuant to an order of the district court, where the manufacturer had its principal place of business. The manufacturer specially appeared and moved to quash the service. The district court overruled its defenses and awarded the customer damages. The judgment was affirmed on appeal. On further appeal, the U.S. Supreme Court held that because the manufacturer was engaged in a continuous course of business and sold and shipped its goods to dealers within the Georgia district, it was transacting business within the district within the meaning of § 12 of the Clayton Act, Act of October 15, 1914, c. 323, 38 Stat. 730. Also, it was properly brought before the district court by service of process where it resided and was "found," so its defenses were properly overruled. In affirming the judgment, the court held that the customer's evidence as to the amount of its damages, while mainly circumstantial, was ...