The opinion of the court was delivered by: CAMPBELL
CAMPBELL, District Judge.
This case comes before this court on two motions made by the defendant:
1. For an order vacating and setting aside the service of the summons and complaint in this action and dismissing the within action for want of jurisdiction of the person of Nantucket Sound Transport, Inc., the defendant in this action, in the state court from which this causes was removed and in this court.
2. For an order, pursuant to Section 948 of the Civil Practice Act of the State of New York, requiring the plaintiff to give additional security in the sum of $4,750 upon the warrant of attachment procured by the plaintiff, etc.
This action was instituted in a court of the State of New York, the Supreme Court, Kings County, and thereafter duly removed to this court.
In this action the plaintiff demands judgment in the sum of $20,000 as commissions for the sale of a tanker or vessel known as the "Fuel Oil".
In the state court the plaintiff sued out a writ of attachment on the giving of security in the sum of $250.
Under said writ of attachment the Sheriff of Kings County attached the vessel "Fuel Oil", owned by the defendant, which was then in Kings County, New York.
Thereafter the summons and complaint herein was served on said defendant by delivering and leaving with Chester H. Canning, as the president of the defendant, true copies thereof, at the Hotel Ambassador, New York City.
The defendant alleges that it is a Rhode Island corporation, with its principal office and place of business at Tiverton in that State.
There is some dispute as to whether the defendant maintained an office within the City of New York, but for the purposes of this motion, I will assume it did not.
The defendant was the owner of the tanker or vessel known as the "Fuel Oil", which seems to have been its principal asset, and which was registered in the office of the Collector of the Port of New York and New York City was her home port.
The president of the defendant, Mr. Canning, was not a resident of the State of New York, at the time of the service of the summons and complaint upon him, as the president of the defendant, but was a resident of Tiverton, rhode Island, and none of the officers of the defendant reside within the City of New York.
It is contended on behalf of the defendant that Mr. Canning at the time that service of the summons and complaint was made upon him, as the president of the defendant, was not in this city on the business of the defendant, but ...