The Royal Bank of Canada v. Trentham Corporation

491 F. Supp. 404 (1980)

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The Royal Bank of Canada v. Trentham Corporation

United States District Court for the Southern District of Texas
491 F. Supp. 404 (1980)

Facts

The Royal Bank of Canada (RBC) (plaintiff) sued Trentham Corporation (defendant) in Canada, claiming that Trentham was liable to RBC pursuant to a contractual guarantee. Trentham conducted business in Canada and was served with process in the Canadian action in accordance with Canadian law. After the Canadian court entered a default judgment against Trentham, RBC commenced an action in Texas seeking to enforce the Canadian default judgment. RBC motioned for summary judgment. In opposition, Trentham argued that the default judgment was invalid because the Canadian court lacked personal jurisdiction and because Trentham had not been properly served. Trentham also argued that, because a Canadian court would not have recognized or enforced a similar Texas judgment, the doctrine of reciprocity precluded the Texas court from recognizing and enforcing the Canadian default judgment.

Rule of Law

Issue

Holding and Reasoning (Sterling, J.)

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