Legal Opinion

Wesley v. Beakes Dairy Co.

New York County Courts

Decided May 15, 1911PublishedCited by 3 opinions

Appeal, on question of law, from a justice’s judgment rendered in'favor of the plaintiff.

1Opinion of the CourtHazard, J.

The first point that is raised by appellant is that the justice who rendered the judgment herein had no jurisdiction, because it is claimed that the summons was not served upon a “ managing agent ” of the defendant. It seems that the defendant "is a Hew York State corporation, having its principal office in Hew York city. It maintains a “milk station” or “cheese factory” at Verona in this county, and the summons was served upon J. 'R. Burleigh, who appears to he in charge of that institution. It is claimed by the appellant that Burleigh was only a foreman, not having any managerial powers,…

2Cases cited11 opinions

  1. Hunt v. Rousmanier's AdministratorsSupreme Court of the United States · 1823
  2. Taylor v. Granite State Provident Ass'nNew York Court of Appeals · 1893
  3. Button v. . Rathbone, Sard Co.New York Court of Appeals · 1891
  4. Coler v. Pittsburgh Bridge Co.New York Court of Appeals · 1895
  5. Vitolo v. Bee Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1901

6 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. In re PlaceDistrict Court, N.D. New York · 1915
  2. Sautter v. Atlantic & Pacific Tea Co., New York County Courts1915
  3. Case v. Ploutz, New York County Courts1915

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