Dimond-Warren Motor Co. v. Herff-Brooks Corp.
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. ' Action by the Dimond-Warren Motor Company, Incorporated, against lierff-Brooks Corporation. From an order denying defendant’s motion to set aside a service of summons, it appeals.
1Opinion of the CourtLehman, J.
The defendant moved to vacate the service of a summons in this action. The service was made on one Fred C. Carter, who is concededly not an officer of the corporation. The plaintiff, however, claims that Carter is “a managing agent bf the corporation.” It appears from the record that the corporation maintains no1 permanent office or factory in the state of New York. It did, however, rent space in the National Automobile Show in this city for nine days in December. The contract for the rental of the space states:
“The representative of the exhibitor who will have charge of the space and exhibit…
Also in this document: Concurrence.
2Cases cited6 opinions
- Taylor v. Granite State Provident Ass'nNew York Court of Appeals · 1893
- Coler v. Pittsburgh Bridge Co.New York Court of Appeals · 1895
- Vitolo v. Bee Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Beck v. North Packing & Provision Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Fontana v. Post Printing & Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State v. SherryNew Jersey Superior Court Appellate Division · 1965
- TRUST CO. OF MORRIS CTY. v. NicholsNew Jersey Superior Court Appellate Division · 1960
- Eule v. Eule Motor SalesSupreme Court of New Jersey · 1961