Howe v. Van Heusen

Merrell, J.:

In his affidavit in support of his motion to vacate the service of the summons, the defendant stated that he was a resident of the city of Boston, in the State of Massachusetts, and that on Saturday, June 14, 1924, he voluntarily came to the city of New York from Boston, Mass., for the sole purpose of testifying as a witness at the trial of two actions pending in the United States District Court for the Southern District of New York; that upon his arrival in the evening of June 14, 1924, the defendant went immediately to the Belmont Hotel in the city of New York, and on the day…