McElroy v. Continental Railway Co.
New York Supreme Court
Appeal from special term, New York county. Defendant company appeals from an order denying its motion to set aside a judgment entered by default in this action.
1Opinion of the CourtVan Brunt, P. J.
The judgment in this action was entered on the 3d of May, 1884, upon an affidavit made by one Martin that he had served the summons and a copy of the annexed complaint on the defendant by delivering to .and leaving the same with Daniel Messmore, one of the directors of said company, at 19 Park Place, in the city of New York; that at the date of such service the same could not be made upon the president, treasurer, or secretary of said company with due diligence within the state of New York, for the reason that all of said officers were non-residents of the state of New York, and noneof them…
2Cited by4 opinions
- Bell v. BellArizona Supreme Court · 1934
- Bailey v. WilsonCity of New York Municipal Court · 1907
- Bailey v. WilsonCity of New York Municipal Court · 1907
- Morganstern v. EndelmanCity of New York Municipal Court · 1901