Legal Opinion
De Santa v. Nehi Corporation
Court of Appeals for the Second Circuit
Decided December 3, 1948No. 79, Docket 21110PublishedCited by 17 opinions
1Opinion of the Court
SWAN, Circuit Judge.
This is an appeal from an order of June 2, 1948, dismissing the complaint in a removed action upon the ground that the service of process was void because (1) the defendant, a foreign corporation, was not doing business in the state of New York, and (2) the person upon whom summons was served was not its “managing agent,” as required by subdivision 3 of section 229 of the New York Civil Practice Act. The appeal also brings up for review an interlocutory order of February 16, 1948, which denied the plaintiff’s motion for judgment by default based on the contention that the…
2Cases cited7 opinions
- Holzer v. . Dodge BrothersNew York Court of Appeals · 1922
- National Labor Relations Board v. Remington Rand, Inc.Court of Appeals for the Second Circuit · 1942
- Taylor v. Granite State Provident Ass'nNew York Court of Appeals · 1893
- Yeckes-Eichenbaum, Inc. v. McCarthyNew York Court of Appeals · 1943
- Chaplin v. SelznickNew York Court of Appeals · 1944
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- McDonough Power Equipment, Inc. v. GreenwoodSupreme Court of the United States · 1984
- United States v. Leslie RobertsCourt of Appeals for the First Circuit · 1992
- Martindell v. MartindellSupreme Court of New Jersey · 1956
- Grantham v. Challenge-Cook Bros.Court of Appeals for the Seventh Circuit · 1969
- Michelle Rosenfeld v. Gerard Basquiat, as Administrator of the Estate of Jean-Michel BasquiatCourt of Appeals for the Second Circuit · 1996
12 more not listed; retrieve them via the Exa API.