WYMAN v. NEWHOUSE93 F.2d 313 (2d Cir. 1937).pptVIP

WYMAN v. NEWHOUSE93 F.2d 313 (2d Cir. 1937) Case Brief WYMAN v. NEWHOUSE PURPOSE: This is an example of the consequences of improper service of process. WYMAN v. NEWHOUSE CAUSE OF ACTION: Breach of promise to marry, seduction. 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. WYMAN v. NEWHOUSE ISSUE: Whether the service of process was effective when obtained by deception in getting the defendant to enter the jurisdiction. WYMAN v. NEWHOUSE HOLDING: No. Service of process was ineffective, default judgment vacated. 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.