Kramer v. Buffalo Union Furnace Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Buffalo Union Furnace Company, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the County of Erie on the 29th day of October, 1908, denying the defendant’s motion to set aside the service of the summons herein and to declare said service null and void.
1Opinion of the Court
McLennan, P. J.:
The defendant is ¡a domestic corporation, and service of the summons herein was sought to be made by delivering a copy thereof to one John J. Sammon, who was in defendant’s employ, and who was designated as “Assistant Superintendent.”
The sole question presented by this appeal is: Was Sammon a ■ person upon whom a valid service of a summons could be made in an action against the defendant within the meaning of subdivision 3 of section 431 of the Code ? Subdivision 3 provides, in substance, that personal service; of a summons may be made upon a domestic corporation by delivering…
2Cases cited4 opinions
- 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
- Eisenhofer v. New Yorker Zeitung Publishing & Printing Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Winslow v. Staten Island Rapid Transit Co.New York Supreme Court · 1889
3Cited by10 opinions
- Beck v. North Packing & Provision Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Roehl v. the Texas Co.California Court of Appeal · 1930
- Baker v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1939
- Isaf v. Pennsylvania RailroadAppellate Division of the Supreme Court of the State of New York · 1969
- Wesley v. Beakes Dairy Co., New York County Courts1911
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