President & Directors of the Bank of Commerce v. Rutland & Washington Railroad
New York Supreme Court
This was an application by the defendant to discharge and set aside the attachment issued in the cause, and all proceedings «n the part of the plaintiffs. The attachment was granted by a county judge upon the following affidavit: “ The President, Directors, and Company of the Bank of Commerce agt. the Rutland and Washington Railroad Company. County of Washington, ss.
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This was an application by the defendant to discharge and set aside the attachment issued in the cause, and all proceedings «n the part of the plaintiffs. The attachment was granted by a county judge upon the following affidavit: “ The President, Directors, and Company of the Bank of Commerce agt. the Rutland and Washington Railroad Company. County of Washington, ss. Abel G. Farwell, of Boston, being duly sworn, says he is one of the plaintiffs’ directors in this action, and is the agent of the plaintiffs. “That the above-named defendants are indebted unto the said plaintiffs upon a bill of…
1Opinion of the Court
Hand, Justice.
It appears by the affidavit of Farwell, upon which the attachment was granted, and also on the affidavits read on both sides on this motion, that Mr. Canfield, on whom the summons was served, was the superintendent and general managing agent of the defendant, and they were oper- ■ ating their road and doing a large business here. Upon such an officer or agent service can be made within § 134 of the Code.
The interpretation of our statutes, in relation to suits against foreign corporations, is not free from difficulty. The revised statutes authorized a resident of the state to…
2Cases cited11 opinions
- D'Arcy v. KetchumSupreme Court of the United States · 1851
- Aymar v. SheldonNew York Supreme Court · 1834
- Morgan v. AveryNew York Supreme Court · 1850
- Foden v. SharpNew York Supreme Court · 1809
- Camden & Amboy Rail-Road & Transportation Co. v. RemerNew York Supreme Court · 1848
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Ellison v. Georgia RailroadSupreme Court of Georgia · 1891
- Gilchrist v. W. Va. O. & O. L. Co.West Virginia Supreme Court · 1882
- Williamson v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1892
- Gundlin v. Hamburg-American Packet Co.New York Court of Common Pleas · 1894
- Hartzell v. VigenNorth Dakota Supreme Court · 1896
10 more not listed; retrieve them via the Exa API.