Corn v. Heymsfeld
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the Municipal Court of the city of Hew York, borough of-Manhattan, fifth district, rendered in favor of the plaintiff and from an order denying his motion to vacate and set aside a judgment rendered against Abraham Heymsfeld as defendant and granting the counter motion of the. plaintiff to amend the summons and other papers and judgment roll by substituting the Christian name “Adolph ” in place of “Abraham ” as the name of the…
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Appeal by the defendant from a judgment of the Municipal Court of the city of Hew York, borough of-Manhattan, fifth district, rendered in favor of the plaintiff and from an order denying his motion to vacate and set aside a judgment rendered against Abraham Heymsfeld as defendant and granting the counter motion of the. plaintiff to amend the summons and other papers and judgment roll by substituting the Christian name “Adolph ” in place of “Abraham ” as the name of the defendant.
1Opinion of the CourtSeabury, J.
The chief point to be kept in mind in determining this appeal is that the person who was served with process is the person against whom judgment has been rendered. Another fact of capital importance is that the person served knew that he was the person intended to be served. The defendant, Adolph Heymsfeld, is coneededly the person to whom the goods for which the plaintiff seeks to recover were sold and delivered; and Adolph Heymsfeld when he purchased the goods was doing business under the name of “A. Heymsfeld.”- In the caption of the summons and complaint, the plaintiff described the…
2Cases cited1 opinion
- Stuyvesant v. . WeilNew York Court of Appeals · 1901
3Cited by6 opinions
- Bell v. EastmanAppellate Terms of the Supreme Court of New York · 1914
- Corn v. HeymsfeldAppellate Division of the Supreme Court of the State of New York · 1912
- Fisher v. Independent Bros. of NieshweiserCity of New York Municipal Court · 1914
- Fleishner v. SacksAppellate Terms of the Supreme Court of New York · 1913
- Grossman v. Loeber Hair Co.City of New York Municipal Court · 1915
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