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Mexican Construction Company v. Reusens

• 1885 • 118 U.S. 49 • Waite Court
In Mexican Construction Company v. Reusens, the Supreme Court of the United States was asked to decide whether a foreign corporation could sue in a United States court. The case involved a Mexican construction company, Mexican Construction Company, and a Belgian corporation, Reusens. The Mexican Construction Company had contracted with Reusens to build a railroad in Mexico. Reusens failed to fulfill its obligations under the contract and the Mexican Construction Company sued in a United States...Open Case
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Chief Waite Court
Term: 1885
118 U.S. 49
6 S. Ct. 945
30 L. Ed. 77
1886 U.S. LEXIS 1899

Mexican Construction Company v. Reusens

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Opinion Summary
AI Abstract

In Mexican Construction Company v. Reusens, the Supreme Court of the United States was asked to decide whether a foreign corporation could sue in a United States court. The case involved a Mexican construction company, Mexican Construction Company, and a Belgian corporation, Reusens. The Mexican Construction Company had contracted with Reusens to build a railroad in Mexico. Reusens failed to fulfill its obligations under the contract and the Mexican Construction Company sued in a United States court. The Supreme Court held that a foreign corporation could not sue in a United States court. The Court reasoned that a foreign corporation was not a citizen of the United States and therefore did not have the right to sue in a United States court. The Court also noted that the United States had no treaty with Mexico that would allow a foreign corporation to sue in a United States court. The Court's decision in Mexican Construction Company v. Reusens established that foreign corporations could not sue in United States courts. This decision has been cited in numerous subsequent cases and has become an important precedent in the area of foreign corporation litigation.

Dissent Summary
AI Abstract

In Mexican Construction Company v. Reusens, the Supreme Court was asked to decide whether a foreign corporation could sue in United States courts without being represented by an agent or attorney residing in the country. The majority opinion held that it could not, as this would be contrary to public policy and precedent. However, Justice Field dissented from this ruling on the grounds that there was no legal basis for denying foreign corporations access to U.S. courts when they had complied with all other requirements of jurisdiction and venue under state law. He argued that such a denial would be arbitrary and unjustified since these companies were subject to suit within their own countries’ jurisdictions regardless of where they resided or maintained offices; thus, he concluded that allowing them access to U.S courtrooms should also be allowed if certain conditions are met regarding service of process and proper notice given according to applicable laws governing civil procedure in each particular case at hand

Opinion written by Justice MRWaite
Decided: Apr 23, 1886
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