Timolat v. S. J. Held Co.
Appellate Terms of the Supreme Court of New York
Appeal by defendant in both actions from the affirmance, 'by the General Term of the City Court, of orders of the Special Term denying defendant’s motions' to vacate and set aside the service of the summons and complaint' upon S. J. Held, upon the ground that at the time of service he was not a director, nor an officer of the corporation defendant.
1Opinion of the Court
I)alt, P. J.
The summons and complaint were served on November 5, 1895, upon S. J. Held, as director, secretary and treasurer of the company, but defendant claims that he resigned those offices on October 15, 1895. The by-laws of the company provide that the board of directors shall be three, who shall be elected annually on July 16, and shall serve for one year “ and until such time as successors are chosen,” and. that any vacancy in the board, or among the officers of the company, caused by death, resignation, or otherwise,' shall be filled by the remaining directors for the balance of the…
2Cases cited5 opinions
- Kent v. . Quicksilver Mining Co.New York Court of Appeals · 1879
- Corporation of Brick Presbyterian Church v. Mayor of New YorkNew York Supreme Court · 1826
- Badger v. United States Ex Rel. BollesSupreme Court of the United States · 1877
- Wilson v. Brentwood Hotel Co.Appellate Terms of the Supreme Court of New York · 1896
- Jackson v. BrunorAppellate Terms of the Supreme Court of New York · 1896
3Cited by4 opinions
- Venner v. Denver Union Water Co.Supreme Court of Colorado · 1907
- Colorado Debenture Corp. v. Lombard Investment Co.Supreme Court of Kansas · 1903
- Ross v. Western Land & Irrigation Co.District Court, S.D. Iowa · 1915
- Abraham v. Diamond Dealers Club, Inc.New York Supreme Court · 2010