Sunrise Lumber Co. v. Homer D. Biery Lumber Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Homer D. Biery Lumber Company, appearing specially herein for. the sole purpose of moving to set aside the service of the summons arid complaint herein, from an order of the Supreme Court, made at the Bongs Special Term and entered in the office of the clerk of the county of Kings on the 20th day of October, 1920, denying defendant’s motion to set aside the service of the summons and complaint.
1Opinion of the Court
Mills, J.:
There really is no dispute about the facts in this case, although there is some variance between the opposing affidavits as to the inferences to be deduced from the specific facts stated.
Plaintiff is a domestic corporation, and defendant a foreign one; the latter organized under the laws of Delaware. Defendant’s president, on August 19, 1920, was temporarily stopping at the Biltmore Hotel, New York city, not at all upon the business of defendant, and was there served with the summons and complaint. Defendant had then in New York no agent to accept service of process, no bank account…
2Cases cited5 opinions
- Tauza v. . Susquehanna Coal Co.New York Court of Appeals · 1917
- International Harvester Co. of America v. KentuckySupreme Court of the United States · 1914
- Riverside & Dan River Cotton Mills v. MenefeeSupreme Court of the United States · 1915
- Robert Dollar Co. v. Canadian Car & Foundry Co.New York Court of Appeals · 1917
- Pope v. Terre Haute Car & Manufacturing Co.New York Court of Appeals · 1881
3Cited by7 opinions
- Nordic Bank PLC v. Trend Group, Ltd.District Court, S.D. New York · 1985
- Muraco v. FerentinoNew York Supreme Court · 1964
- Joseph Walker & Sons v. Lehigh Coal & Navigation Co.New York Supreme Court · 1957
- State Ex Rel. American Laundry MacHinery Co. v. District CourtMontana Supreme Court · 1934
- Fidan v. Austral American Trading Corp.New York Supreme Court · 1957
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