Lederer Amusement Co. v. Pollard
Appellate Division of the Supreme Court of the State of New York
Appeal by Henry John Pollard, from an order of the Supreme Court, made at New York Special Term and entered in the office of the clerk of the county of New York on the 13th day of February, 1902, denying his motion to set aside the service of the summons in the action upon him.
1Opinion of the Court
O’Brien, J.:
Henry John Pollard was served with a summons in which the name of Charles Albert Pollard was inserted as. the defendant, which, as the affidavit of Henry shows, is the name of his brother. Henry further states in his affidavit that he never had any business or financial transactions with the plaintiff, and is not aware of any claim that the latter has against him. He thereupon moved to set aside the summons on the ground that he was not the defendant and that the summons was so served upon him by mistake.
The motion was opposed by the plaintiff, and, although no affidavit was…
2Cited by2 opinions
- Steinhaus v. Enterprise Vending Machine Co.Appellate Terms of the Supreme Court of New York · 1903
- G. P. Sherwood & Co. v. Artistic Marble Co.Appellate Terms of the Supreme Court of New York · 1910