§ 855. Doing business as appointment of process agent
If the contact with the State or the activity in the State of a foreign business organization,
or the contact or activity imputable to it, is sufficient to support a Vermont personal
judgment against it, the contact or activity shall be deemed to be doing business
in Vermont by that foreign organization and shall be equivalent to the appointment
by it of the Secretary of the State of Vermont and the Secretary’s successors to be
its true and lawful attorney upon whom may be served all lawful process in any action
or proceedings against it arising or growing out of that contact or activity, and
also shall be deemed to be its agreement that any process against it that is so served
upon the Secretary of State shall be of the same legal force and effect as if served
on the foreign corporation at its principal place of business in the state or country
where it is incorporated according to the law of that state or country. (Amended 1967, No. 353 (Adj. Sess.), § 5, eff. July 1, 1968; 1971, No. 185 (Adj. Sess.), § 43, eff. March 29, 1972; 2025, No. 10, § 25, eff. July 1, 2025.)
Daniel F. Braman v. Mary Hitchcock Mem'l Hosp. & Hitchcock Clinic, Inc., 631 F.2d 6 (2d Cir. 1980). · cites it 6ד” The district court evidently assumed that service had been made by virtue of a different provision, Vt.Stat.Ann. tit. 12, § 855, 3 an “alternative” 4 long-arm statute.”
Harold Noel Arrowsmith, Jr. v. United Press Int'l, 320 F.2d 219 (2d Cir. 1963). · cites it 3ד18 The other statute, 12 V.S.A. § 855, provides that: “If a foreign corporation makes a contract with a resident of Vermont to be performed in whole or in part by either party in Vermont, if such foreign corporation comA mits a tort in whole or in part in \ Vermont against,…”
Bonnie Lee Jamieson Deveny v. Rheem Mfg. Co., 319 F.2d 124 (2d Cir. 1963). · cites it 4דThis action was instituted by plaintiff Bonnie Lee and her father as next friend and on his own behalf in the "United States District Court for the District of Vermont by service against the defendants, both foreign corporations, in accordance with Vermont’s so-called “long-arm”…”
Huey v. Elmer Bates, Murphy & Wilson Equip., Inc., 375 A.2d 987 (Vt. 1977). · cites it 5דInvoking Vermont’s so-called “long-arm statute”, 12 V.S.A. § 855, service was made upon the defendant John Deere Company pursuant to 12 V.”
Schwartz v. Frankenhoff, 733 A.2d 74 (Vt. 1999). · cites it 3דUnder the applicable Vermont long-arm statute, a foreign corporation is “deemed to be doing business in Vermont,” and thus to have appointed the secretary of state as its agent for service-of-process purposes, if the corporation has had “contact with the state,” has conducted…”
N. Sec. Ins. Co. v. Mitec Elec., Ltd., 2008 VT 96, 965 A.2d 447. “Vermont’s long-arm statute, 12 V.S.A. § 855, confers jurisdiction to the full extent allowed by the United States Constitution.”
Anderson v. Abex Corp., 418 F. Supp. 5 (D. Vt. 1976). · cites it 4דThe corporate defendants and the Retirement Board were reached by substituted service upon the Secretary of State of Vermont under the provisions of 12 V.S.A. § 855. 2 Process was personally served on the defendant Rennie, a member of the Retirement Board, by a federal marshal…”
Davis v. Saab-Scania of Am., Inc., 339 A.2d 456 (Vt. 1975). · cites it 4דSubsequently, they sued the predecessor corporation in Washington County Court, by process served on the Vermont Secretary of State under 12 V.S.A. § 855. In substance, the action was for false representations, breach of warranty and negligent manufacture, all in connection with…”
Vermont Castings, Inc. v. Evans Prods. Co., 510 F. Supp. 940 (D. Vt. 1981). · cites it 2דService of process on the members of the Imex Group was accomplished by substituted service on the secretary of the State of Vermont pursuant to Vt.Stat.Ann. tit. 12, § 855 and its jurisdictional counterpart, Vt.”
O'BRIEN v. Comstock Foods, Inc., 194 A.2d 568 (Vt. 1963). · cites it 2דService was made by delivery of copies to the Secretary of State for Vermont as provided in 12 V.S.A. §855: If a foreign corporation makes a contract with a resident of Vermont to be performed in whole or in part by either party in Vermont, or if such foreign corporation commits…”
Bechard v. Constanzo, 810 F. Supp. 579 (D. Vt. 1992). · cites it 2דNOTES [1] In accompanying correspondence, defendants requested that their motion to dismiss, with its accompanying affidavit, also be considered as a response to plaintiff's motion for partial summary judgment.”
Brown v. Cal Dykstra Equip. Co., 740 A.2d 793 (Vt. 1999). · cites it 2דUnder the pertinent Vermont long-arm statute, Vermont courts have jurisdiction over an out-of-state corporation if it is deemed to be doing business in Vermont and the proceeding arises out of the corporation’s contacts with the state.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.