Legal Opinion
Thermoid Co. v. Fabel
Appellate Division of the Supreme Court of the State of New York
Decided October 22, 1957Published
1Opinion of the CourtFrank, J.
This is an appeal from an order vacating service of a summons on the ground that at the time of the service, the defendant was immune therefrom.
On April 13, 1956 an indictment was filed against the defendant, a resident of North Carolina, in the United States District Court for the Southern District of New York. The complaint in this action substantially charges the defendant with the same acts of misconduct as were alleged in the indictment. On April 17, 1956 the defendant surrendered to that court, entered a plea of “not guilty” and was released under bail, the terms of which permitted him…
2Cases cited8 opinions
- Messersmith v. . American Fidelity Co.New York Court of Appeals · 1921
- Netograph Manufacturing Co. v. . ScrughamNew York Court of Appeals · 1910
- Person v. . GrierNew York Court of Appeals · 1876
- Matthews v. . TuftsNew York Court of Appeals · 1882
- Parker v. . MarcoNew York Court of Appeals · 1893
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