Allen v. Betterly

Order setting aside service of summons and complaint on the ground that defendant was enticed within this State reversed on the law and the facts, without costs, and matter remitted to Special Term for hearing and determination. Although it is undisputed that defendant was invited to come to New York to discuss the indebtedness which is the subject of the action, it is not undisputed that he had no reason to believe that he was to be served with summons if the discussion did not terminate in an arrangement satisfactory to the plaintiff. On the contrary, if the version set forth in the…