Majestic Metal Bed Co. v. Mutual Furniture Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First District. Action by the Majestic Metal Bed Company, Incorporated, against the Mutual Furniture Company, Incorporated. From a judgment of the Municipal Court, bringing up for review an order overruling a traverse of the return after trial of issue of fact raised thereby, defendant appeals. Reversed, "and complaint dismissed.
1Opinion of the CourtCohalan, J.
[1] The process server in this case made an affidavit in which he testified that he served the summons upon Hayward *995Ulman, the “secretary” of the defendant. Upon the return day of the summons the defendant appeared specially, and filed an affidavit made by one Jack Ulman, in which he stated that he was the person served, and that he was not and never had been an officer of the defendant corporation. The issue thus raised was, set down for trial for December 11, 1915, and this practice was correct. Robert & Lewis Co. v. Dale, 74 Misc. Rep. 390, 132 N. Y. Supp. 405; Phillips v. Albert, 81 Misc.…
2Cases cited2 opinions
- Roberts & Lewis Co. v. DaleAppellate Terms of the Supreme Court of New York · 1911
- Phillips v. Albert, Inc.New York Supreme Court · 1913