Walter P. Coons, Plaintiff-Respondent v. American Honda Motor Co., Inc., a Corporation, Defendants, and…

Summary

The Supreme Court of New Jersey held that a foreign corporation is "represented" in the state only if it obtains a certificate of authority to do business under N.J.S.A. 2A:13-4, and that the tolling provision N.J.S.A. 2A:14-22 unconstitutionally burdens interstate commerce, violating the Commerce Clause. Accordingly the statute was struck down and the case was remanded for entry of judgment for Honda. Justice Schreiber, dissenting, argued that designation of an agent for service of process, without a business certificate, should suffice for representation.