Hiller v. . B. and M.R.R.R. Co.

The defendant is a foreign corporation, and the question to be determined is, whether the service of the summons upon one of its directors while he was temporarily in this State in the pursuit of his own business, was a sufficient commencement of this action.

I am not satisfied, from the papers before us, that the defendant had any property in this State, and hence this service was authorized, only in case the cause of action arose in this State. (Code, § 134 Gibbs v. Queen Ins. Co., 63 N.Y., 114.)

It is well stated by the learned counsel for the appellant to be an obvious principle, that "the…