Hetzel v. Tannehill Silver Mining Co.
New York Court of Common Pleas
Motion to vacate service of summons. Selden Hetzel, commenced an action against the Tannehill Silver Mining Company for $1,134.28, the unpaid balance on a judgment obtained in Nevada. The present action was commenced by serving the summons and complaint on Joseph H. Colton on July 2, 1877, in the city of New York.
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Motion to vacate service of summons. Selden Hetzel, commenced an action against the Tannehill Silver Mining Company for $1,134.28, the unpaid balance on a judgment obtained in Nevada. The present action was commenced by serving the summons and complaint on Joseph H. Colton on July 2, 1877, in the city of New York. Just before defendant’s time to answer expired, a motion was made to vacate the said service, on the ground that Colton was not president, secretary, cashier, treasurer, manager’s agent or director of the said corporation at the time. Defendant’s affidavits, on which the motion was…
1Opinion of the CourtJ. F. Daly, J.
The affidavits show that the cor*42poration was dissolved before this action was commenced ; whether it were dissolved or not I cannot say unless the record is produced. The mere appointment of the receiver would not work a dissolution (Kincaid v. Dwinelle, 59 N. Y. 548). As the plaintiff does not deny the fact of dissolution sworn to by the late president of the corporation, Mr. Colton, I assume the fact- to be that it was dissolved before the summons and complaint herein were served on Mr. Colton. Such service was irregular. A dissolved corporation has no president or other officer on whom a…
2Cases cited3 opinions
- Shellington v. . HowlandNew York Court of Appeals · 1873
- Kincaid v. . DwinelleNew York Court of Appeals · 1875
- Calkins v. AtkinsonNew York Supreme Court · 1870
3Cited by2 opinions
- Faltiska v. New York, L. E. & W. RailroadThe Superior Court of the City of New York and Buffalo · 1895
- Faltiska v. New York, Lake Erie & Western RailroadSuperior Court of Buffalo · 1895