Felix Frankfurter

“ The notion that the 1887 amendment, by eliminating the right to sue a defendant in the district 'in which he shall be found', was meant to affect the implications of a consent to be sued implications which were the basis of the Schollenberger decision derives from a misapplication of the purpose of Congress to contract diversity jurisdiction, based upon a misunderstanding of the legislative history of the 1887 amendment. ”

“ When the litigants are natural persons the conceptions underlying venue present relatively few problems in application. But in the case of corporate litigants these procedural problems are enmeshed in the wider intricacies touching the status of a corporation in our law. The corporate device is one form of associated enterprise, and what the law in effect has done is to enforce rights and duties appropriate for collective activity. ”

“ All the parties may be non-residents of the district where suit is brought. Lee v. Chesapeake & Ohio Ry., supra. Section 51 'merely accords to the defendant a personal privilege respecting the venue, or place of suit, which he may assert, or may waive, at his election.' Commercial Ins. Co. v. Stone Co., 278 U.S. 177, 179, 49 S.Ct. 98, 99, 73 L.Ed. 252.
Being a privilege, it may be lost. It may be lost by failure to assert it seasonably, by formal submission in a cause, or by submission through conduct. ”

“ Co., D.C.W.D.N.Y.,1939, 27 F.Supp. 512. Cf. Heine Chimney Co. v. Rust Engineering Co., 7 Cir.,1926, 12 F.2d 596.↑ Shainwald v. Davids, D.C.N.D.Cal.,1895, 69 F. 704; Patten v. Dodge Mfg. Co., D.C.D.Ind.,1928, 23 F.2d 852, affirmed, 7 Cir., 1932, 60 F.2d 676; Oklahoma Packing Co. v. Oklahoma Gas & Elec. Co., 10 Cir.,1938, 100 F.2d 770.↑ Originally enacted as c. 687, Laws of 1892, pp. 1805, 1806.↑ 2 Cir., 103 F.2d 765.↑ In re Keasbey & Mattison Co., 160 U.S. 221, 16 S.Ct. 273, 40 L.Ed. 402; Macon Grocery Co. v. Atlantic Coast Line R. Co., 215 U.S. 501, 30 S.Ct. 184, 54 L.Ed. 300 ”