Persons v. Buffalo City Mills, Ltd.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Buffalo City Mills, Limited, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 28th * day of December, 1897, denying said defendant’s motion to set aside the alleged service of the summons and complaint herein, made upon it on the 23d day of November, 1897, at the Kemble Building in the city of New York.
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Appeal by the defendant, Buffalo City Mills, Limited, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 28th * day of December, 1897, denying said defendant’s motion to set aside the alleged service of the summons and complaint herein, made upon it on the 23d day of November, 1897, at the Kemble Building in the city of New York. This action was brought to recover the amount of a promissory note, given by the defendant Edward II. Kruger, under his firm name of E. H. Kruger & Co., to the defendant, the Buffalo…
1Opinion of the Court
Hardin, P. J.:
Plaintiffs’ complaint states that on the 5th day of October, 1896, the defendant Kruger, under his firm name of E. H. Kruger & Co., made a promissory note in writing to the order of the defendant, Buffalo Oity Mills, Limited, one month after date for the sum of $1,500, and that the note was not paid at maturity, and demand was ■duly made and notice of protest given.
The affidavit of Lawson is to the effect that on the 23d of November, 1897, in an office connected with and adjoining room 29 of the Kemble Building, at 15-25 Whitehall street, in the city of New York, he served the…
2Cases cited4 opinions
- Taylor v. Granite State Provident Ass'nNew York Court of Appeals · 1893
- Pope v. Terre Haute Car & Manufacturing Co.New York Court of Appeals · 1881
- Wamsley v. H. L. Horton & Co.New York Supreme Court · 1893
- Kieley v. Central Complete Combustion Manuf'g Co.New York Court of Common Pleas · 1895
3Cited by1 opinion
- Densel v. Atlanta Mercantile Co.Idaho Supreme Court · 1909