Legal Opinion

McKeever v. Supreme Court of Independent Order of Foresters

Appellate Division of the Supreme Court of the State of New York

Decided November 22, 1907PublishedCited by 9 opinions

Appeal by the defendant, The Supreme Court of the Independent Order of Foresters, from a judgment of the Municipal Court of the city of .Hew York, borough of Brooklyn, in favor of the plaintiff, rendered on the 29th day of April, 1907. ■ _

1Opinion of the Court

Miller, J. :

The defendant appeals from a judgment of the Municipal Court,rendered- upon- .its default, and asserts that the--plaintiff failed to show personal service of the summons upon it. The only proof of service was a written admission'signed by " the Superintendent of . Insurance of service “ of process . * * * in behalf of Janies J. McKeever as admr.,” etc. But this alleged admission" of'service was fatally defective as it did not identify the process served. The complaint alleges that the defendant is a foreign corporation, but there'is no allegation that it, has an. office in the…

2Cited by9 opinions

  1. Bessan v. Public Service Co-ordinated TransportCity of New York Municipal Court · 1929
  2. Heihs v. ReinbergAppellate Terms of the Supreme Court of New York · 1930
  3. Jackson v. National Grange Mutual Liability Co.Appellate Division of the Supreme Court of the State of New York · 1948
  4. Keller v. American Sales Book Co.District Court, W.D. New York · 1936
  5. Comprehensive Mental Assessment & Medical Care v. Merchants & Businessmen's Mutual Ins.Nassau County District Court · 2003

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