WYMAN v. NEWHOUSE 93 F.2d 313 (2d Cir. 1937)

1. WYMAN v. NEWHOUSE93 F.2d 313 (2d Cir. 1937) Case Brief Copyright 2007 Thomson Delmar Learning. All Rights Reserved.

2. WYMAN v. NEWHOUSE • PURPOSE: This is an example of the consequences of improper service of process. Copyright 2007 Thomson Delmar Learning. All Rights Reserved.

3. WYMAN v. NEWHOUSE • CAUSE OF ACTION: Breach of promise to marry, seduction. Copyright 2007 Thomson Delmar Learning. All Rights Reserved.

4. WYMAN v. NEWHOUSE • FACTS: A paramour (Wyman) implores her boyfriend (Newhouse) with telegrams, letters, and phone calls to come to Miami to meet because she is leaving country to visit her ill mother in Ireland. When the boyfriend arrives at airport in Miami, he is met by a deputy who serves complaint. His New York attorney advises him not to respond to the complaint. A default judgment is entered in Florida, its enforcement in New York is challenged by Newhouse in the U.S. District Court. Copyright 2007 Thomson Delmar Learning. All Rights Reserved.

5. WYMAN v. NEWHOUSE • ISSUE: Whether the service of process was effective when obtained by deception in getting the defendant to enter the jurisdiction. Copyright 2007 Thomson Delmar Learning. All Rights Reserved.

6. WYMAN v. NEWHOUSE • HOLDING: No. Service of process was ineffective, default judgment vacated. Copyright 2007 Thomson Delmar Learning. All Rights Reserved.

7. WYMAN v. NEWHOUSE • REASONING: Newhouse was fraudulently enticed into Florida for the purpose of service of process. Full faith and credit is not applied where there is a lack of jurisdiction. • “A judgment recovered in a sister state, through the fraud of the party procuring the appearance of another, is not binding on the latter when an attempt is made to enforce such judgment in another state . . . ” [quote omitted from case in book] • Defendant was not required to answer the original action in Florida. Copyright 2007 Thomson Delmar Learning. All Rights Reserved.