Legal Opinion

Epstein v. S. Weisberger Co.

Appellate Terms of the Supreme Court of New York

Decided February 15, 1907Published

Appeal by the defendant from a judgment of the Municipal Court of the city of blew York, thirteenth district, borough of Manhattan, rendered in favor of the plaintiff.

1Opinion of the CourtAmend, J.

The facts in this case are not disputed. On August 27, 1906, a summons was issued out of the Municipal Court against “ The S. Weisberger Company ” and that, together with a verified complaint, was personally served upon Samuel Weisberger, the president of the defendant corporation, within the city of blew York. Upon the return day of such summons, the defendant appeared specially by an attorney who filed an affidavit made by said Weisberger, who testified therein that the defendant was a foreign corporation, having its only place of business in the State of Ohio; that it has no office or…

2Cases cited2 opinions

  1. Brown v. BouseAppellate Terms of the Supreme Court of New York · 1904
  2. Wyatt v. McNameeAppellate Terms of the Supreme Court of New York · 1906

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