Legal Opinion

Babcock Hinds Underwood, Inc. v. S. E. T. Valve & Hydrant Co.

New York Supreme Court

Decided August 30, 1934Published

1Opinion of the CourtLatter, J.

The judgment creditor applies for an order adjudging the corporate debtor in contempt for failure of its managing agent to appear for examination. Section 790 of the Civil Practice Act provides: “ A corporation must attend by, and answer under the oath of, an officer thereof, and the judge in his discretion may specify the officer.”

Section 798 of the Civil Practice Act provides: “ Service upon a corporation is sufficient if made upon an officer to whom a copy of the summons must be delivered, where a summons is personally served upon the corporation; unless the officer is specially designated…

2Cases cited2 opinions

  1. Matter of Meyer v. . Consolidated Ice Co.New York Court of Appeals · 1909
  2. Mednicoff v. LashingCity of New York Municipal Court · 1929

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