Mechanical Equipment Co. v. Lewis
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First District. Action by the Mechanical Equipment Company against Samuel Lewis. From a default judgment in favor of plaintiff, defendant appeals.
1Per curiam
Defendant appeals from a judgment taken by default, because of the nonappearance of the defendant, on the ground that no personal service of the summons was made, and the judgment is therefore void.
The process server makes affidavit that on August 19, 1912, about 11:15 a. m., he called at the Public Bank of New Yorkr City, where defendant was then employed, and inquired of the officer stationed at the door if Lewis, the defendant, was in, and was told that defendant was at that time downtown, but that he ordinarily returned to the bank about that time; that he thereupon left the interior of…
2Cited by1 opinion
- Mecca v. YoungNew York Supreme Court · 1929