Robert Dollar Co. v. Canadian Car & Foundry Co.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 24, 1916, which affirmed an order of Special Term granting a motion for the appointment of a referee to take the deposition of the president of the defendant, appellant.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 24, 1916, which affirmed an order of Special Term granting a motion for the appointment of a referee to take the deposition of the president of the defendant, appellant. The following questions were certified: “ I. In an action in the New York Supreme Court, wherein a foreign corporation is plaintiff and another foreign corporation doing business in the state of New York is defendant, does personal service of the summons on the defendant corporation made in…
1Opinion of the Court
Hiscock, Ch. J.
The parties to this action are both foreign corporations. The action is brought by respondent as assignee to recover a large 'amount alleged to be due on account of commissions upon or participation in certain war contracts with the Russian government, and it was commenced by service of the summons and complaint upon one of the appellant’s officers within the state of New York in accordance with the provisions of subdivision 1 of section 432 of the Code of Civil Procedure. A motion having been made to set aside the service of ' the summons on the ground. amongst others that the…
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