Legal Opinion · Dissent

Vitolo v. Bee Publishing Co.

Appellate Division of the Supreme Court of the State of New York

Decided December 15, 1901Published

Appeal by the defendant, The Bee Publishing Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 17th day of July, 1901, denying the defendant’s motion to set aside the service of the summons and complaint in the action.

1Dissent

Ingraham, J. (dissenting) :

By section 1780 of the Code of Civil Procedure an action against a foreign corporation may be maintained by a resident of the State, or by a domestic corporation, for any cause of action ; and'by section 432 of the Code it is provided that personal service of the summons upon a defendant, being a foreign corporation, must be made by delivering a copy thereof within this State when no- designation is in force, and when neither the president, treasurer nor secretary of the corporation can be found within this State, and the corporation has property in this State, or…

2Cases cited2 opinions

  1. Coler v. Pittsburgh Bridge Co.New York Court of Appeals · 1895
  2. Perrine v. Ransom Gas Machine Co.Appellate Division of the Supreme Court of the State of New York · 1901

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