Castell v. Sterling Fire Insurance
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment in favor of the plaintiff, rendered in the Municipal Court of the city of New York, borough of Manhattan, first district.
1Per curiam
Upon the return day of the summons in this 'action, the defendant 'appeared specially and traversed the return, upon the ground that no summons -and complaint had been served upon it. Upon the issue thus raised, there "was evidence given by the person upon whom the summons and complaint was served tending to show that he was not one of the persons specified in section 31, subdivision 1, of th<J Municipal Court Act, upon whom a summons may be served when the defendant is a corporation.' The trial justice, however, overruled the traverse, denied the defendant’s motion to set aside the service…
2Cases cited3 opinions
- Austen v. Columbia Lubricants Co.Appellate Terms of the Supreme Court of New York · 1903
- Brown v. BouseAppellate Terms of the Supreme Court of New York · 1904
- Review & Record Co. v. GilbrethAppellate Terms of the Supreme Court of New York · 1909