Brewster v. Michigan Central Rail Road
New York Supreme Court
Motion on the part of the defendant to set aside the judgment and execution and all proceedings subsequent to the issuing of the summons tínd complaint. The defendant is a foreign corporation created by the laws of Michigan. The action was commenced by summons and complaint, which the plaintiff claims was on the 17th day of May 1850, served upon the managing agent of the defendant in the city of Buffalo.
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Motion on the part of the defendant to set aside the judgment and execution and all proceedings subsequent to the issuing of the summons tínd complaint. The defendant is a foreign corporation created by the laws of Michigan. The action was commenced by summons and complaint, which the plaintiff claims was on the 17th day of May 1850, served upon the managing agent of the defendant in the city of Buffalo. On the 12th day of June following, the plaintiff perfected judgment against the defendant generally in the clerk’s' office of Monroe county, upon an affidavit of service of the summons and…
1Opinion of the Court
Welles, Justice.
The service of the summons and complaint in this case is supposed by the plaintiff's counsel to have been in pursuance of § 134 of the Code. That section provides that if the suit be against a corporation, the summons shall be delivered to the president, or other head of the corporation, secretary, cashier, or managing agent thereof. The service in question was upon an individual, who assuming the facts as contended for by the plaintiff, was at most an agent for the defendant in a particular department of its operations, and whose powers must have been comparatively very much…
2Cited by11 opinions
- Gilchrist v. W. Va. O. & O. L. Co.West Virginia Supreme Court · 1882
- McNichol v. United States Mercantile Reporting AgencySupreme Court of Missouri · 1881
- Latimer v. Union Pacific RailwaySupreme Court of Missouri · 1868
- Foster v. Charles Betcher Lumber Co.South Dakota Supreme Court · 1894
- Upper Mississippi Transportation Co. v. WhittakerWisconsin Supreme Court · 1862
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