Martin v. McCurdy
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Robert II. McCurdy, from an order of the Supreme Court, made at the Saratoga Special Term and entered in the office of the clerk of the county of. Saratoga on the 12th day of March, 1907, granting the plaintiff leave to serve the complaint, herein after' the expiration of- the time within which it should have been served.
1Opinion of the Court
Sewell, J.:
This action was commenced by the plaintiff, a policyholder of the Mutual Life Insurance Company, on behalf of himself and all *666other persons similarly situated, to recover certain sums alleged to have been wasted by the negligence of the defendants, who were directors of the company.
The summons was served January 3, 1906. On January eighteenth the defendant, Robert H. McCurdy, appeared by attorney and demanded a copy of the complaint. The complaint was not served until July thirtieth, when it was returned with the ground of objection indorsed thereon. Mo further steps were taken…
2Cited by3 opinions
- 609 Holding Corp. v. McGoldrickNew York Supreme Court · 1952
- Wilson v. PhelpsNew York Supreme Court · 1937
- Burns v. MeisterAppellate Division of the Supreme Court of the State of New York · 1910