B. Berman, Inc. v. American Fruit Distributing Co. of California

The order for service of the summons directed that “ the plaintiff shall deposit in the post-office at the City of Buffalo, County of Erie and State of New York a copy of the summons and complaint and of this order, contained in a securely closed postpaid wrapper, directed to the defendant,” etc. The only proof of such required mailing presented upon application for judgment was by affidavit stating: “ That on the 23rd .day of July, 1919, deponent deposited in a depositary maintained by the United States Government in the D. S. Morgan Bldg, in the City of Buffalo, New York, a copy of a…