Palmer v. Chicago Evening Post Co.
New York Supreme Court
Appeal from special term, New York county. Action by Tyndale Palmer against the Chicago Evening Post Company for libel. From an order denying a motion to set aside the service of summons on the ground that no valid service thereof had been made, defendant appeals. Affirmed.
1Opinion of the CourtParkier, J.
The question is whether Thaddeus B. Eiker was managing agent of the defendant within the meaning of subdivision 3 of section 432 of the Code of Civil Procedure, which prescribes how personal service may be made upon a foreign corporation. It would be comparatively free from difficulty were it not that appellant insists that the court of appeals in Taylor v. Association, 136 N. Y. 343, 32 N. E. 992, asserted what constitutes a managing agent, and that an abatement of one jot from the full measure of that rule takes him without the Section.
It would be a difficult task to formulate an inflexible…
2Cases cited3 opinions
- Taylor v. Granite State Provident Ass'nNew York Court of Appeals · 1893
- Brayton v. New York, Lake Erie & Western RailroadNew York Supreme Court · 1893
- Gordon v. . HartmanNew York Court of Appeals · 1879
3Cited by6 opinions
- Royal Furniture Co. v. Wichita Furniture Co.Supreme Court of North Carolina · 1920
- Dimond-Warren Motor Co. v. Herff-Brooks Corp.Appellate Terms of the Supreme Court of New York · 1916
- Persons v. Buffalo City MillsAppellate Division of the Supreme Court of the State of New York · 1898
- Union Associated Press v. Times Printing Co.U.S. Circuit Court for the District of Southern New York · 1897
- Franco-American Chemical Co. v. McKee Glass Co.District Court, S.D. New York · 1916
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