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In: Accounting

Missouri was International Shoe Corporation's principal place of business, but the company employed between 11 and...

Missouri was International Shoe Corporation's principal place of business, but the company employed between 11 and 13 salespersons in the state of Washington, who exhibited samples and solicited orders for shoes from prospective buyers in Washington. The state of Washington assessed the company for contributions to a state unemployment fund. The state served the assessment on one of International Shoe Corporation's sales representatives in Washington and sent a copy by registered mail to the company's Missouri headquarters. International Shoe's representative challenged the assessment on numerous grounds, arguing that the state had not properly served the corporation. Is the corporation's defense valid? Why or why not? [International Shoe Co. v. Washington, 326 U.S. 310 (1945).]

Solutions

Expert Solution

No the corporation's defence is not valid.the regular and systematic solicitation of orders in the state by appellant's salesmen, resulting in a continuous flow of appellant's product into the state, was sufficient to constitute doing business in the state so as to make appellant amenable to suit in its courts. But it was also of opinion that there were sufficient additional activities shown to bring the case within the rule, frequently stated, that solicitation within a state by the agents of a foreign corporation plus some additional activities there are sufficient to render the corporation amenable to suit brought in the courts of the state to enforce an obligation arising out of its activities there
No person required under a State law to make payments to an unemployment fund shall be relieved from compliance therewith on the ground that he is engaged in interstate or foreign commerce, or that the State law does not distinguish between employees engaged in interstate or foreign commerce and those engaged in intrastate commerce
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