Anderson v. United States Fidelity & Guaranty Co.

Merrell, J. (dissenting).

There is no dispute as to the material facts. As disclosed by the petition herein, on or about February 19, 1927, one Philip Tomaselh brought a representative stockholder’s action in Supreme Court against several defendants, including one Amos Bertacchini, by the service of a summons and complaint upon said Bertacchini. Simultaneously with the service of the summons and complaint, the defendant Bertacchini was served with an order of arrest directed to the sheriff of the county of New York to arrest said Bertacchini and hold him upon bail in the sum of $1,000 in order…